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maya_96
scarborough
1 Posts |
 Posted - 11/06/2009 : 14:05:37
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Hi, I hope someone can help me. I applied for a permanent resident card on an urgent basis on oct 14, and it was processed the next day and the card was sent to the local office the same day. When I applied I didnt have any passport as I came here as a refugee, thus submitted a satutory declaration along with my birth certificate from my country of birth. I didnt have any other travel document since I never left canada since then.
My card has been processed and like I said was sent to the local office. When I went to the front desk to pick up my card he asked me if I had a passport and I had told him no. THen he said I wouldnt be able to pick it up then. I explained my situation and told him that I had my orgiginal satutory declaration signed in front of a commissioner, which is what they used to process my card. He told me that declarations should have my picture on it. My declaration has a seal from the commisoners office and her signature but not my picture. I had told him that when I called the cic office they had told me whatever documents I had sent was sufficient and my declaration was fine since the commissioner would have to see my ids before signing the declaration. He told me that he wasnt sure if I will be able to get my card.
I am worried. I have my landed of record, health card, drivers licence, school id, brith certificate, and its transalation. I dont know if these documents are enough? Can someone tell me if I am in trouble here and I would not be abel to get my card.
maya
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Moderator
Ontario
8067 Posts |
Posted - 11/13/2009 : 11:26:47
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Hello Maya,
Thanks for sharing your question and situation with us.
We have received some information from one of our legal researchers.
The issuing of your Permanent Resident Card is ultimately up to the discretion of the office where you were originally told to go to pick up your card, and you have 180 days to pick up the card from the time you had received the original letter indicating that your card is available for pickup.
As generally speaking all you would need to bring with you to pick up the card are all original copies of the documents you had sent with your application, at this point you have two options:
1. Go to the office indicated on your letter to try to pick up your card again. As the issuing of the card remains up to the discretion of the officer, you may be able to get the card if you speak to a different officer (provided you have all original documents the copies of which you had sent with your application). If the officer is not satisfied with all the documents you have and still refuses to issue the card, you should try to get more details as to what you should do, and ask for specifications as to the type of photo they require.
2. If all that the office requires is a photo, you may want to take a recent photo of yourself to the person who signed your original statutory declaration and ask her to add a note to your declaration verifying your identity in the photo (and sign the photo itself).
We hope this information is helpful. Please let us know if you have further questions and if there is any follow up to your question/situation.
=====
Anna
Settlement.Org Content and Information/Referral Specialist, CIRS
Settlement.Org
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impaler
Toronto
196 Posts |
Posted - 11/13/2009 : 13:35:20
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quote:
The issuing of your Permanent Resident Card is ultimately up to the discretion of the office where you were originally told to go to pick up your card
quote:
As the issuing of the card remains up to the discretion of the officer, you may be able to get the card if you speak to a different officer
It may be helpful to remember the legal definition of discretion (as articulated by Lord Halsbury in Sharp v. Wakefield, [1891] A.C. 173)
[...] discretion means when it said that something is to be done within the discretion of the authorities, that something is to be done according to the rules of reason and justice, not according to private opinion [...] according to law and not humour.
Another good option for the OP may be contacting her MP. I'd probably do that before going back to the CIC office.
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