How to Win Appeal to IAD
One way of winning this type of immigration appeal is to show that the decision of the visa officer about your residency obligation (or travel document) is legally or factually wrong.
Immigration law requires a permanent resident (PR) to be “physically present in Canada” at least 730 days in every five-year period. There are exceptions to this rule which allow a PR to be outside Canada for one of the reasons specified in Canadian immigration law or immigration regulations: For example, a PR can stay outside Canada without losing his PR status if he is working for a Canadian company or if he is accompanying a family member who is a Canadian citizen.
Another way of winning this type of immigration appeal is by requesting an exemption from the strict application of Canada's immigration laws by showing strong humanitarian and compassionate (H&C) reasons based on which the immigration appeal may be allowed even if the embassy’s or visa officer's decision was correct. As an example, you can explain that your absence was caused by medical reasons and ask that your immigration appeal be allowed because your illness prevented you from complying with the requirement of being in Canada for two years out of the last five years. You can make your immigration appeal even stronger by presenting further evidence of significant ties and connection to Canada. The success of your immigration appeal also depends on satisfying the IAD that, despite your physical absence from Canada, you have always maintained strong ties and connections to Canada and you have consistently treated Canada as your ordinary place of residence. To win your immigration appeal, you must understand that the burden of satisfying the IAD of the existence of sufficient humanitarian and compassionate reasons is on you. In other words, it is your responsibility to satisfy the IAD why you should win your immigration appeal.
Therefore, to win your immigration appeal, you should start gathering all the necessary evidence right from the beginning. In order to win your immigration appeal, our experienced team will work with you in informing you of and gathering all the evidence. The difference between losing or winning immigration appeals depends significantly on competent representation based on the right type of evidence.
Contact our office for a free half hour initial consultation. Should you retain us, and depending on your circumstances, our experienced counsel and staff will provide you with an exact list of the evidence that is required to win your immigration appeal.
To obtain further information and to take advantage of our free half hour initial consultation, please contact our office at (416) 365-9473 (416) 365-9473 or (416) 454-0068 (416) 454-0068.
Ideally, at your free Initial Consultation (IC), you should come prepared with copies of all letters, your file, and/or your application for PR Card and supporting documents which you attached to your application for travel document. This gives us the ability to discuss your case more thoroughly and enables us to determine the necessary course of action suitable to your case. We will discuss your time spent outside Canada and identify any humanitarian and compassionate (H&C) reasons why you should win your immigration appeal and be allowed to keep your permanent resident status.