境外申请返加证Travel Document：取缔永久居留身份和居住义务上诉申请

在北京申请返加证后，会收到大使馆的关于你的加拿大永久居留身份的裁决信和裁决原因。样品如下：

取缔加拿大永久居留身份裁决信 （摘要）

亲爱的XXXX先生,

经过慎重考量， 我已决定如下：你未能遵守加拿大永久居民的居住义务。

根据法律，加拿大永久居民必须在5年内在加拿大住满两年（即：730天），或满足如下条件：

1. 在加拿大居住
2. 在境外陪同加拿大公民，配偶/同居伴侣/或 子女陪同父母
3. 在境外受聘于加拿大企业/加拿大公共服务部门（联邦/省政府），从事全职工作
4. 在境外陪同有加拿大永久居留身份的配偶/同居伴侣/或子女，他们受聘于加拿大企业/加拿大公共服务部门（联邦/省政府）从事全职工作

我已全面评估了你的5年居住时间，你未能达到要求。我也试图从人道同情角度考量你的情况。我未发现任何令人满意的个人原因。

取缔你的加拿大永久居留身份仅是加拿大境外签证办事处的最后裁决。加拿大的其他上诉机制也可让被取缔身份的人士向IAD（加拿大的移民难民局 移民事务上诉庭）提出申述，否决此项裁决。

上诉申请，必须提交永久居民身份取缔信，取缔原因信，和上诉申请表。申请必须在收到此信的60天之内递交IAD的注册办公室。

如果你决定上诉，且想当庭聆讯，请在上诉申请表中指明。

如果你在365天之内，来过加拿大，你可以申请Travel Document返加证旅行文件返回加拿大。 不然，你必须向IAD申请在加拿大当庭聆讯，并获得批准，以便获得Travel Document特许返加证。你必须在收信后60天之内，完成申请。

申请特许返加证时 必须出示护照和上诉申请表给加拿大大使馆北京签证处。

如果你不打算上诉，则北京大使馆有关取缔你加拿大永久居留身份的决定即成最后裁决。根据法律，你将不能以永久居留身份进入加拿大。

加拿大驻　北京大使馆
签证官：XXXXXXXX

取缔永久居留身份 原因陈述/上诉通知 （摘要）

亲爱的XXXX先生,

我非常抱歉的通知你，你未能满足加拿大永久居民的居住义务。其原因，在附信上已经详加说明了。

63（4）条款允许丧失永久居民身份的人士，根据下列原因，向IAD（the Immigration Appeal Division 加拿大移民事务上诉庭） 提出上诉：

1. 对法律或事实有疑虑
2. 对自然公证原则有疑虑
3. 人道同情考量

上诉前，请提交　【上诉申请表】，并附上此函，给当地附近的IAD办公室。

根据我们所掌握的资讯，你适用于下列情形：

1. —X—你有权使用返加证Travel Document返回加拿大 （在365天之内，来过加拿大；提起了上诉，但IAD尚未裁决； 或上诉期未结束）
2. ——你无权使用返加证Travel Document返回加拿大 （但期望出庭上诉，可向IAD提出申请，要求返加证Travel Document返回加拿大。也可通过电话聆讯。）

递交上诉申请时，两份副本（此信），两份拒签信副本，及上诉申请表（IAD665.pdf）。在收信后，６０天之内完成。

加拿大驻　北京大使馆
签证官：XXXXXXXX

IAD注册办公室 Registry Offices

如果你居住在: Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Labrador and Ottawa

Registry Office – Montreal

Immigration and Refugee Board of Canada
Immigration Appeal Division
Guy-Favreau Complex
200 Rene Levesque Blvd. West
Montreal, Quebec
H2Z 1X4
Telephone: (514) 283-7733
Fax: (514)283-5234

如果你居住在: Ontario (except Ottawa)

Registry Office – Toronto

Immigration and Refugee Board of Canada
Immigration Appeal Division
74 Victoria Street
Toronto, Ontario
M5C 3C7

Telephone: (416) 954-1000
Fax: (416) 954-1165

如果你居住在:  British Columbia, Alberta, Yukon, Nunavut, Northwest Territories. Manitoba. Saskatchewan

Registry Office – Vancouver

Immigration and Refugee Board of Canada
Immigration Appeal Division
300 West Georgia Street. 16th Floor
Vancouver.
British Columbia
V6B 6C9
Telephone: (604) 666-5946
Fax: (604) 666-3043

英文版，取缔永久居留身份 原因陈述/上诉通知 原信模板：

Government of Canada Embassy of Canada

Date: xxxx Jan , 2012
File: R300xxxxxxx

Dear XXXXXXXX:

This letter refers to the determination of your permanent resident status in Canada.

I regret to inform you do not meet the requirements of the residency obligation contained in section 28 of the Immigration and Refugee protection ACt. I have attached a copy of the letter explaining the reason(s) for refusal.

Subsection 63(4) of the Act allows permanent residents who have been determined to have lost their permanent resident status the right to appeal to the Immigration Appeal Division (lAD). The appeal may be submitted on the following grounds:

• a question of law or fact, or mixed law and fact;
• a principle of natural justice has not been observed; and
• there exist humanitarian and compassionate considerations that warrant the granting of special relief in light of all the circumstances of the case.

You may commence an appeal by completing the enclosed Notice of Appeal and mailing it with a copy of this letter and the officer’s written decision to the address of the Immigration Appeal Division registry office for the region in Canada where you last resided. The address of the lAD registry offices may be found on the attachment entitled “Important Instructions.”

In addition, one of the following applies to you:

_Based on the information you provided, you are entitled to a travel document pursuant to paragraph 31 (3)(c) of the Immigration and Refugee protection Act, which states: 31.(3) A permanent resident outside Canada who is not in possession of a status document indicating permanent resident status shall, following an examination, be issued a travel document if an officer is satisfied that (c) they were physically present in Canada at least once within the 365 days before the examination and they have made an appeal under subsection 63(4) that has not been finally determined or the period for making such an appeal has not yet expired.

_ Based on the information you provided, under the Immigration and Refugee protection Act you are NOT entitled to a travel document. However, you may apply to the Immigration Appeal Division for permission to travel to Canada for your appeal hearing. Subsection 175(2) of the Act reads as follows: 175. (2) In the case of an appeal by a permanent resident under subsection 63(4), the Immigration Appeal Division may, after considering submissions from the Minister and the permanent resident and if satisfied that the presence of the permanent resident at the hearing is necessary, order the permanent resident to physically appear at the hearing, in which case an officer shall issue a travel document for that purpose. If you wish to return to Canada for the hearing of the appeal, you must make an application to the Immigration Appeal Division. Information stating how to apply to return to Canada for your hearing can be found on the attachment entitled “Important Instructions.” If you do not wish to return to Canada, your appeal may be conducted, through telecommunication with the Immigration Appeal Division.

You must attach two copies of this letter and two copies of the refusal letter with your Notice of Appeal. The completed form and attachments must be received by the lAD within SIXTY (60) DAYS from the date of this letter.

Sincerely

(Officer Signature)

Counseller (Immigration)
Canadian Embassy, Beijing, China

英文版， 取缔永久居留身份裁决信模板：

Government of Canada Embassy of Canada
Gouvernement du Canada Ambassade du Canada

Date: XX January, 2012

Our Ref.: R300XXXXXX

Dear XXXXXXX:

This letter refers to the determination of your status as a permanent resident of Canada.

After careful and thorough consideration of all aspects of your application and of the supporting information provided, I have determined that you have not complied with the requirements of the residency obligation under section 28 of the Immigration and Refugee Protection Act.

Pursuant to subsection 28(2) of the Act, a permanent resident complies with the residency obligation provisions with respect to a five-year period if, for at least 730 days in that five-year period, the permanent resident is:

(i) physically present in Canada;

(ii) is outside Canada accompanying a Canadian citizen who is their spouse or common-law partner or is a child accompanying a parent;

(iii) is outside Canada employed on a full-time basis by a Canadian business or in the public service of Canada or of a province;

(iv) is an accompanying spouse, common-law partner or child of a permanent resident who is outside Canada and is employed on a full-time basis by a Canadian business or in the public service of Canada or of a province.

For the purposes of determining whether you have met the residency obligation, I have examined the five-year period from XXXXX 2007 to XXXXXX 2012. I have also examined all of the documentation that you have provided in support of your application for a travel document. I have concluded that you have not complied with the residency obligation for at least 730 days in the five-year period from XXXXX 2007 to XXXXXX 2012. I have exercised my discretion in reviewing the humanitarian and compassionate considerations connected to your personal circumstances that you have presented with your application.

Having considered all of the evidence that you have presented, I am not satisfied that your personal circumstances involve humanitarian and compassionate considerations that justify the retention of permanent resident status.

A person loses permanent resident status only on a final determination of a decision made outside of Canada that the person has failed to comply with the residency obligation under section 28 of the Act. The appeal provisions under subsection 63(4) provide a permanent resident the right to appeal to the Immigration Appeal Division of the Immigration and Refugee Board against a decision made outside of Canada on the residency obligation under section 28 of the Act.

Under the Immigration Appeal Division Rules, an appellant must provide it with a copy of this letter as well as a completed Notice of Appeal form and a copy of the Letter Notifying Applicant of Appeal Rights (see enclosures). The completed forms must be received by the registry office of the Immigration Appeal Division for the region in Canada where you, the appellant, last resided no later than SIXTY (60) DAYS after having received the written decision.

Should you choose to submit an appeal of this decision concerning your non-compliance with’ the residency obligation under section 28 of the Act, your appeal will take place in Canada before the

Immigration Appeal Division of the Immigration and Refugee Board. If you wish to return to Canada for the hearing of the appeal you must state this in the Notice of Appeal that you send to the Immigration Appeal Division.
If you have been in Canada at least once during the past 365 days, you are entitled to a travel document to enable your return to Canada.

If you have not been in Canada at least once during the past 365 days, you must apply to the Immigration Appeal Division for authorization to be physically present at the hearing of your appeal in Canada. To be granted authorization to do this, you must first file your appeal with the Immigration Appeal Division no later than SIXTY (60) DAYS from the date you receive this letter.

Your request to be present at your appeal hearing may be submitted on the “Notice of Appeal” form that is attached to this letter. However you submit your request to attend the appeal hearing. your request must be submitted no later than SIXTY (60) DAYS after you file the Notice of Appeal. If the Immigration Appeal Division is satisfied that your presence is required at the hearing, a travel document will be issued to enable you to return to Canada. You will be asked to present your passport and appeal documents to this office before the travel document is issued.

Should you choose not to submit an appeal of this decision to the Immigration Appeal Division in Canada, this decision concerning your non-compliance with the residency obligation under section 28 of the Act will become a final determination of your residency status. You will be inadmissible to Canada as a permanent resident for failing to comply with section 28. You will be considered to have lost your status as a permanent resident of Canada. in accordance with paragraph 46(1 )(b). You will not be allowed to enter Canada as a permanent resident, in accordance with subsection 19(2).

Please attach a copy of this letter with any Notice of Appeal or correspondence that you may direct to an office of the Immigration Appeal Division or to a Canadian immigration office overseas.

Sincerely

(Officer Signature)

Counseller (Immigration)
Canadian Embassy, Beijing, China

 

英文版， 永久居留身份上诉说明

Govemment of Canada Embassy of Canada
Gouvernernent du Canada Ambassade du Canada

IMPORTANT INSTRUCTIONS FOR RESIDENCY OBLIGATION APPEAL

You have the right to appeal a decision made outside Canada by Citizenship and Immigration Canada (CIC) on your permanent residency obligation, under section 63(4) of the Immigration and Refugee Protection Act. If you wish to appeal the decision, a Notice of Appeal is attached for you to use. This form must be completed in English or in French. You should include in your Notice of Appeal all family members who are included in the CIC decision.

Once you complete the form, you must provide it to the Registry Office of the Immigration Appeal Division (lAD) so that it is received no later than sixty (60) days after you received the CIC written decision. The Notice of Appeal must be provided together with two copies of the CIC decision you are appealing.

The addresses, telephone numbers and fax numbers of the lAD Registry Offices are listed below. You must provide your Notice of Appeal and CIC decision to the lAD Registry Office that serves the province or territory where you last lived when you were in Canada. If you choose to provide these documents by mail, you must allow for 20 days of mailing time (for out-of-Canada mail), and make sure that the lAD Registry Office actually receives the document before the deadline.

Please note that if you wish to participate at your hearing by telephone, the Board generally expects you to pay for the telephone call. If you wish to return to Canada for the hearing of your appeal, you may need a travel document to travel to Canada. Under section 31(3)(c) of the Immigration and Refugee Protection Act, CIC will give you a travel document if you have been physically present in Canada at least once in the past 365 days. If you are not entitled to a travel document from CIC, you may make an application to the lAD for an order under section 175(2) of the Immigration and Refugee Protection Act to enable you to return. Under section 46 of the Immigration Appeal Division Rules, these application documents must be received by the lAD and by the Minister’s counsel no later than sixty (60) days after the lAD receives your Notice to Appeal. After considering your submissions and the Minister’s submissions, the lAD may order that you be issued a travel document if the lAD member is satisfied that it is necessary for you to be present at your appeal hearing.

You have the right to be represented by counsel, at your expense. If counsel charges you a fee, the counsel must be a member in good standing of either a provincial law society, the Chambre des notaires du Quebec, or the Canadian Society of Immigration Consultants. If you have retained counsel, please notify the Immigration Appeal Division of your counsel’s contact information (name, address, telephone and fax numbers, e-mail address, and for counsel receiving a fee, their membership identification number and the name of the organization they belong to). You must notify the Immigration Appeal Division, in writing and without delay, if the contact information for you or your counsel changes.

IAD Registry Offices

IF YOU RESIDED IN: Quebec, New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Labrador and Ottawa

Registry Office – Montreal

Immigration and Refugee Board of Canada
Immigration Appeal Division
Guy-Favreau Complex
200 Rene Levesque Blvd. West
Montreal, Quebec
H2Z 1X4
Telephone: (514) 283-7733
Fax: (514)283-5234

IF YOU RESIDED IN: Ontario (except Ottawa)

Registry Office – Toronto

Immigration and Refugee Board of Canada
Immigration Appeal Division
74 Victoria Street
Toronto, Ontario
M5C 3C7

Telephone: (416) 954-1000
Fax: (416) 954-1165

IF YOU RESIDED IN: British Columbia, Alberta, Yukon, Nunavut, Northwest Territories. Manitoba. Saskatchewan

Registry Office – Vancouver

Immigration and Refugee Board of Canada
Immigration Appeal Division
300 West Georgia Street. 16th Floor
Vancouver.
British Columbia
V6B 6C9
Telephone: (604) 666-5946
Fax: (604) 666-3043