new101 said:
Hi,
It's been almost two years since I submitted my appeal in IAD, in a response to which I have heard nothing yet. I am outside Canada and is highly interested in returning and settling there. As I have not heard of any updates from IAD, I request for your urgent guidance whether to apply for a Travel Document or not and to know if I would be considered eligible for it.
A prompt response would be highly appreciated as I am seeking to move to Canada at its earliest.
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I was not forced to leave, I submit my appeal and left. I stayed in Canada for 5 months in 5 years. Please let me know if you need any further details to help me.
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Given the details, would I be considered eligible to apply for the Travel Document on H&C ground basis with my ongoing appeal in IAD.
Based on posts in this topic:
Absent making a very strong H&C case in the appeal, the odds are high you will lose the appeal of the Departure Order issued pursuant to the report at the PoE for being in breach of the PR Residency Obligation. Thus, it is most likely you are going to lose PR status.
The only PR Travel Document you might be able to obtain would be one to come to Canada to attend the appeal. Generally only PRs who have been present in Canada within the previous year are given such a PR TD, but that is mostly for those appealing a rejected PR Travel Document application.
You can make an application for a PR TD and in that include an H&C argument. I cannot say whether there is any possibility this will succeed given the pending appeal of a Departure Order (or Removal Order, different name for same thing). My guess is that it will be summarily denied. But assuming there is no absolute bar to issuing a PR TD in this situation, note that H&C cases are difficult enough even if the reasons are good and compelling. When a Departure Order has already been issued, the negative odds are undoubtedly very high.
Considering your other posts:
You have posted inconsistent information this month (in queries about applying for immigration and/or a work permit), and relative to posts made
less than two years ago (August 2014). In particular, here you post you were reported at the PoE and made an appeal of that nearly two years ago, but less than two years ago you posted you were in Canada, had been for about a year, without having been reported.
Moreover, here you post that you had spent
five months in Canada in five years but back in 2014 you posted having been in Canada 14 months (two months in 2009 plus Aug 2013 to Aug 2014), and either way, as of then or now, that would be a year or more within five years.
Overall:
In the best light favouring you, based on all your posts, it appears you have spent no more than a total of 14 months in Canada in seven years, and your primary activity during the bulk of that time was spent as a student. Assuming you were the age of majority when you were reported at the PoE two or so years ago, no presence in Canada since early fall 2014, you might as well be looking to see how you otherwise could qualify to apply for PR status again. No reason to drop the appeal unless and until you are qualified to make a new PR application, or you want to apply for temporary status (such as a work permit, as implicated in some of your other recent posts). But short of qualifying and successfully applying for PR status anew, there does not appear to be much chance you can retain your PR status. Sure, a different result might be possible if there are compelling H&C reasons which suffice to win the appeal of the Departure Order, considering both your absences up to the time of the Departure Order
and your absences since, but you have not so much as hinted any such reasons which would come anywhere near close to this.
