May 4, 2016

Permanent Status Retained on H&C Grounds Despite Significant Breach of Residency Obligation

We recently won an appeal for our client who, being outside Canada, received a negative decision on his Permanent Resident Travel Document (PRTD) application due to the significant residency obligation breach. This refusal, if not appealed, would mean the loss of our client’s permanent resident status in Canada. In addition to the extent of the breach, the case was further complicated by our client’s difficulties, for the reasons beyond his control, with collecting the documents in support of his appeal. During the hearing we zealously argued that the appeal ought to be allowed based on humanitarian and compassionate considerations. We provided strong evidence of the appellant parents’ difficult circumstances in Canada and the need for their child’s assistance, as well as unfavourable living conditions in the appellant’s country of residence. We are very pleased for this family who will be reunited in Canada after years of separation!