Residency
Appeals

If a permanent resident applies to have their permanent resident card extended and this application is refused, they may appeal to the Immigration Appeal Division

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If a permanent resident applies to have their permanent resident card extended and this application is refused, they may appeal to the Immigration Appeal Division of the Immigration and Refugee Board within 60 days. Similarly, those who apply for a Travel Document and are found to have lost their residence may also appeal within 60 days.

The Appeal Division will hold a hearing to decide if the decision to take away the appellant’s permanent residence should be allowed to stand, or if it should be overturned. The Appeal Division may consider both the legal basis for the appeal and the Humanitarian and Compassionate grounds related to the appeal.

The appeal will be held in Canada and the appellant can provide new evidence in support of their case and can testify before a judge. Where the appellant is outside Canada such testimony may be done by teleconference. If the Immigration Appeal Division decides to grant the appeal then the appellant will be permitted to retain their permanent residence and can obtain a new P.R. card. If the Immigration Appeal Division denies the appeal a further appeal to the Federal Court may be made.

Travel documents to Canada can be obtained by those appealing the revocation of their permanent resident status where they have been in Canada at least once within the last year, or where the Immigration Appeal Division determines that their presence in Canada is necessary for their appeal.

Please contact us if you require our assistance or further information.

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