Travelling Once appeal has been filed

[pearlyliz]

Hello

We applied for PR card renewals, my mom and me and my 2 sibling's cards were renewed. My dad hadn't completed the residency obligation so they deinied it, and also did not issue his Travel document. He has since entered Canada by road from USA. He was questioned a lot and told he is violating the Immigration Act and that he needs to file an appeal. He has sent the papers to file for a appeal.
We would like to travel to USA for 3-4 days for christmas- new years. Would he be able to enter back into canada even though they have not given him a date for the appeal hearing or anything?? We just want to go for 3-4 days. Immigration website does not have any details about leaving the county after the appeal has been filed..
Reply soon please

Thank you

 

[Dejaavu]

I wouldn't travel if I was him.

 

[scylla]

I think it's a bad idea to leave Canada if he wants the appeal to succeed. If he leaves, he's basically saying the residency rules don't apply to him and he can do whatever he wants. This kind of attitude won't work in his favour during the appeal. If he's serious about retaining PR status, then he should be showing an understanding and respect for the residency rules and should remain in Canada until he hearing.

 

[Alurra71]

It sounds as if he doesn't really care one bit about the PR to me. He knows he was in breach of his RO, he was unable to obtain a TD and was grilled and then reported at the land border and yet still wishes to leave the country again. *shrugs* What I do know is this. He has been reported. He has appealed. He was let in the last time through the land border and you can rest assured that it IS noted in the system about their 'chat'. If he leaves the country again, I would be prepared for him to be denied entry, as he only gets once to get in for his appeal which he has already used.

Take that information for what it's worth and make a decision from there.

I don't quite understand some of the methods employed by folks who jump through all these hoops to gain their PR and then just willfully let it slide out from under them.

 

[Msafiri]

Until the appeal is decided and the courts rule in favor of CIC he remains a PR and he can show up at the border repeated times and will get re-admitted despite the unpleasant experience it will entail. However as has been pointed out travels during the appeal period will be added to the negative factors list at the hearing. If he has no chance of appeal because his absences were due to lifestyle reasons he is better off relinquishing his PR and re-applying via sponsorship instead of wasting the courts time. PR status is to live in Canada not some form of glorified visitor visa is how the courts see it. In the meantime he should hope not to lose his passport with the US visa or get bounced at the US port of entry since this will cut of his land border runs!