A Canadian Permanent Resident who has been found not to have met their residency obligation, which requires being physically present in Canada for at least 730 days out of every five years, may have the right to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). This type of appeal is known as a residency obligation appeal.
Residency obligation appeal process in Canada include:
Notice of Appeal: The individual must file a Notice of Appeal with the IAD within 60 days of receiving the refusal letter from Citizenship and Immigration Canada (CIC) informing them of the loss of their permanent resident status.
Appeal Grounds: The individual can appeal the decision made outside of Canada by IRCC on their failure to meet permanent residency obligations under section 63(4) of the Immigration and Refugee Protection Act.
Evidence and Documentation: The individual must provide evidence to support their appeal, such as documents that show they were physically present in Canada during the required period, or evidence of humanitarian and compassionate reasons for the appeal.
Hearing: The IAD will hold a hearing to consider the appeal, and the individual may need to attend the hearing in person or by video conference. The IAD will consider the evidence and make a decision on the appeal.
It’s important for individuals facing a residency obligation appeal to seek legal advice and representation to navigate the appeal process effectively and present a strong case to the IAD.
Citations:
[1] https://www.irb-cisr.gc.ca/en/forms/Pages/notice-of-appeal-residency.aspx
[2] https://www.irb-cisr.gc.ca/en/making-immigration-appeal/Pages/immapp-d1.aspx
