Residency Obligation Appeal to IAD

[dpenabill]

Without the minister counsel‘s either approving or having no objection a final verdict can’t be given. According to your previous posts he/she has still not given their input yet.

Would help if you could provide some sources for these observations . . . which, frankly, I have some doubts about . . . At the moment I do not have the time to dig into this, but for sure the Minister cannot just indefinitely hold up the effect of the IAD's decision.

@Kiara70 -- you are at a stage of processing the forum does not see reported much, and involves a level of procedural detail which is very particular, not within the scope of common knowledge. Other than consulting with a lawyer, or waiting to get some further communication from the IAD or IRCC, it is difficult to suggest where to from here or how. I cannot discern the reliability of observations about this posted by @canuck78 . . . but without some more detailed information along with reference to a reliable source, at the least I have some doubts about them.

My sense is that unless the Minister pursues further review from the Federal Court, within a certain time, you will be able to obtain a PR TD and travel to Canada . . . but I do not know the particulars in navigating the process at this stage.

 

[dpenabill]

So you need the written permission With the minister counsel signing off before you are approved for a PRTD.

Without the minister counsel‘s either approving or having no objection a final verdict can’t be given. According to your previous posts he/she has still not given their input yet.

Note, there is no "verdict" when a PR appeals a visa office decision denying a PR card application.

The decision of the IAD is not dependent on the Minister's counsel, or the Minister, signing off or giving "permission."

You have stated very specific propositions here with NO reference to a source.

So, again, it would be helpful if you could provide a source or otherwise explain what these statements are based on. My sense is you have got it wrong or are being misleading.

 

[dpenabill]

Hi, I just received my appeal decision. Luckily, the appeal was granted. What is the next step? If I apply for PRTD, what duration of PRTD will I be issued?

Following up . . . and hoping that you too will return and follow up, and report here what actually happens next for you.

Unless the Minister seeks judicial review before the Federal Court (which is typically unusual), what I believe will happen is the Visa Office will proceed to issue you a PR Travel Document, based on the application you made, which was denied, and which denial has now been set aside.

I am not certain of this. I do not know the time frame. I do not know the precise procedure, but I think what will happen is you will get a notice or request to submit your passport to the Visa Office, so that the PR TD can be affixed in it. (Caveat: Covid-19 has skewered and disrupted and led to modified procedures in many regards, so how this actually works is currently even more up in the air than usual.)

Again, if and when you learn more yourself, if you could report here that will help the forum respond to such queries from others. We rely a great deal on such reporting.

I can more definitively note that any claim the Minister's representative needs to sign off or approve the IAD decision is wrong. There is nothing in the statutory provisions, regulations, operational manuals, or PDIs that so much as hints of this. And that would be counter to how quasi-judicial tribunals operate in the Canadian system.

Reports about how long the PR TD is good for usually indicate six months . . . but there have been some reports otherwise, some for just three months, some good for a year. The expiration date of your passport could have an impact on this (generally a PR TD will not be issued for a period that goes past the date your passport expires).

In any event, hopefully this goes well . . . and you return and let us know some details about what actually happens.

 

[Kiara70]

Following up . . . and hoping that you too will return and follow up, and report here what actually happens next for you.

Unless the Minister seeks judicial review before the Federal Court (which is typically unusual), what I believe will happen is the Visa Office will proceed to issue you a PR Travel Document, based on the application you made, which was denied, and which denial has now been set aside.

I am not certain of this. I do not know the time frame. I do not know the precise procedure, but I think what will happen is you will get a notice or request to submit your passport to the Visa Office, so that the PR TD can be affixed in it. (Caveat: Covid-19 has skewered and disrupted and led to modified procedures in many regards, so how this actually works is currently even more up in the air than usual.)

Again, if and when you learn more yourself, if you could report here that will help the forum respond to such queries from others. We rely a great deal on such reporting.

I can more definitively note that any claim the Minister's representative needs to sign off or approve the IAD decision is wrong. There is nothing in the statutory provisions, regulations, operational manuals, or PDIs that so much as hints of this. And that would be counter to how quasi-judicial tribunals operate in the Canadian system.

Reports about how long the PR TD is good for usually indicate six months . . . but there have been some reports otherwise, some for just three months, some good for a year. The expiration date of your passport could have an impact on this (generally a PR TD will not be issued for a period that goes past the date your passport expires).

In any event, hopefully this goes well . . . and you return and let us know some details about what actually happens.

Thankyou. Will surely update what happens next.

 

[Kiara70]

I have submitted my PRTD application through email during COVID times. Do you get an application number after submitting?