My daughter landed in Edmonton, Alberta, Canada and became permanent resident of Canada with me, the father , her step-mother and her step-brother on July 24, 2000 when she was 9 years old. But this combined family did not work out because my wife didn’t love my daughter. I did not like the way my wife treated my daughter and I decided to divorce my wife. So I went back to China on September 15, 2000 and then I got my wife send my daughter back to China on November 27, 2000.
On August 13, 2001 I came back to Canada again with my daughter. During this period of time, my daughter and I lived together in Edmonton, Alberta. As a single father, I had to work hard to earn the livings and I did not have much time to take care of my daughter when she was 10 years old. And I also was told that it was not appropriate to have a child under age of 12 stay at home alone when I was working outside. So I sent my daughter back to China to her mom on February 24, 2002 when Edmonton school teachers were on strike for a prolonged period.
At the end of 2002, I married again and then I asked my daughter to come back to Canada. But at that time her mother started living with her boyfriend in Haikou City, Hainan Province, P. R. China. Her boyfriend was also a divorcee with his son under his ex-wife’s custody. Her mom’s boyfriend would like to keep my daughter as their own child because as per Chinese One Child Policy they were not allowed to have a baby together. So they rejected my request and did not send my daughter back to Canada.
In spring of 2007, when my daughter was 16 years old, her mom's boyfriend tried to molest my daughter again and again without success because of her resistance so she would like to come back to me in Canada. She told her mom that she would like to go back to Canada to her father. Her mom agreed but she suggested that they did not mention this to her boyfriend until my daughter gets the travel document (permanent resident abroad) because both of them believed that her boyfriend would not be happy if they told him that my daughter would like to leave him for her natural father. My daughter contacted me and I was very happy to have her back. She made an application to Canadian Embassy in Beijing for the travel document (permanent resident abroad) and soon she received the letter from the immigration officer who asked her mom to come to the embassy with her for an interview. Because it needed her mom to leave Haikou for Beijing, her mom had to tell her boyfriend and her boyfriend became furious. Her mom was scared and to please her boyfriend she refused to go to the embassy. Then they made my daughter write a letter to the immigration officer that she would like to withdraw her application because her mom refused to go to the embassy for the interview. Since then, her mom's boyfriend did not allow my daughter from contacting me again.
In 2009, she started her undergraduate degree in Southwestern University of Finance and Economics with her mom and her boyfriend’s financial support. And she dared not to contact me because she was afraid of irritating her mom’s boyfriend and then her mom would also blame her. This situation lasted until her mom broke up with her boyfriend for good in August 2013 – right after my daughter’s graduation from Southwestern University of Finance and Economics with a bachelor degree and started working with UNIQLO in Beijing. Then she was free to contact me again. I was very happy and told her that as per the immigration Act she might be able to recover the Canadian Permanent Resident Status under the Humanitarian and Compassionate Considerations.
So, she started preparing her application to Embassy of Canada in Beijing for a travel document (permanent resident abroad) immediately. Because she has not been in Canada at least once during the past 365 days, Embassy of Canada in Beijing asked her to apply to the Immigration Appeal Division for authorization to be physically present at the hearing of her appeal in Canada. To be granted authorization to do this, she needs to file her appeal with Immigration Appeal Division.
The question is that if my daughter can be granted the travel document in her Appeal with IAD?