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H&C Humanitarian Ground with/or Without Failed refugee claim

canuck78

VIP Member
Jun 18, 2017
55,295
13,432
Thanks for replying me message… in September my cbsa offers told me it was on hold, only for me to get to the airport to sign last week then she told me she will give me my deportation form and date next month when I come for signing… I don’t even know what to do anymore… my H&C application is 14 months now.
Sometimes they can temporarily put a file on hold but the files can be reassessed at any time.
 

Rashpal094

Full Member
Aug 31, 2023
44
45
Hello guys,
I got my portal email today.
I replied after 30 minutes. How long does it take to portal 2 toupload pictures.

also, I have sent them UCIand all the information they requested. In the last entry section I wrote my last flagpoling for work permit at pacific border. I reentered canada for work permit. I am confused about it. I never left the country otherwise. What are your thoughts guys. Please advice.
 

Thuvakarsn

Star Member
Nov 1, 2023
94
54
Pickering
Category........
Other
Visa Office......
Niagara falls
App. Filed.......
12-04-2022
Hello guys,
I got my portal email today.
I replied after 30 minutes. How long does it take to portal 2 toupload pictures.

also, I have sent them UCIand all the information they requested. In the last entry section I wrote my last flagpoling for work permit at pacific border. I reentered canada for work permit. I am confused about it. I never left the country otherwise. What are your thoughts guys. Please advice.
Next business day mostly.
what time did u received the email ?
 

Thuvakarsn

Star Member
Nov 1, 2023
94
54
Pickering
Category........
Other
Visa Office......
Niagara falls
App. Filed.......
12-04-2022
Hello guys one of my aunt need clarification
If any ones has experience plz reply
My aunt apply H&C interest in grand child

application received may 2022
eligibility pass
Background pass
Medical pass ( she did 2019 when she get super-visa from back home )
When we ask Niagara Falls office
They said in email when I ask for status >>

>> Thank you for your email. I am awaiting approval for the medical extension requested <<
What does means plz explain clearly
 

wello711

Champion Member
Feb 11, 2021
1,552
938
Canada
Category........
Other
Hello guys one of my aunt need clarification
If any ones has experience plz reply
My aunt apply H&C interest in grand child

application received may 2022
eligibility pass
Background pass
Medical pass ( she did 2019 when she get super-visa from back home )
When we ask Niagara Falls office
They said in email when I ask for status >>

>> Thank you for your email. I am awaiting approval for the medical extension requested <<
What does means plz explain clearly
Can you please share her timeline if you don't mind?
 

Thuvakarsn

Star Member
Nov 1, 2023
94
54
Pickering
Category........
Other
Visa Office......
Niagara falls
App. Filed.......
12-04-2022
Can you please share her timeline if you don't mind?
May 14 2022. Received
June 4th 2022 medical pass ( used 2019 )
June 15 2022 received stage 1 approval
July 20 2023 medical passed
Aug 14 2023 request docs
Nov 1 2023 background completed

Nov 20. 2023 asked for status
Received response > officer waiting medical extension request from medical examination
 
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wello711

Champion Member
Feb 11, 2021
1,552
938
Canada
Category........
Other
May 14 2022. Received
June 4th 2022 medical pass ( used 2019 )
June 15 2022 received stage 1 approval
July 20 2023 medical passed
Aug 14 2023 request docs
Nov 1 2023 background completed

Nov 20. 2023 asked for status
Received response > officer waiting medical extension request from medical examination
Approved in 2022 or 2023 ?
 

Kate_20

Star Member
Aug 13, 2011
123
65
This is incorrect. There is not set processing time for H&C applications and an MP can not expedite anything. Posted processing times are just estimated averages. If it has been over a year past the posted average processing time your MP can try to find out what is causing the delay. If it has been 2 months most MPs won’t do anything or make an enquiry and pass on the message that you need to be patient. Some H&C applications are more complex than others. So are background checks and medicals which is why there are differences in processing times.
if processing times are longer than what they have listed on the CIC website anyone can file the mandamus order with court. All public officials are OBLIGATED to process application within processing times. If they delay they can be sued. It's very popular in USCIS. Lots of applicants sue the govt for delaying processes and they win most of the time. Remember IRCC does not like checks and balances especially Federal court :) those responsible officers should be accountable for their work just like we are for our work. Plus they get paid because of our gov't filing fees which are thousands of dollars wasted.
 
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Thuvakarsn

Star Member
Nov 1, 2023
94
54
Pickering
Category........
Other
Visa Office......
Niagara falls
App. Filed.......
12-04-2022
if processing times are longer than what they have listed on the CIC website anyone can file the mandamus order with court. All public officials are OBLIGATED to process application within processing times. If they delay they can be sued. It's very popular in USCIS. Lots of applicants sue the govt for delaying processes and they win most of the time. Remember IRCC does not like checks and balances especially Federal court :) those responsible officers should be accountable for their work just like we are for our work. Plus they get paid because of our gov't filing fees which are thousands of dollars wasted.
Wrong >
estimate processing is not 100%
Estimate processing by law. It’s written 80% of applications completed under process time
Nothing 100% accurately corrected timing
Clearly say. 80% of applications past 6 months was 20 months

if you pass process time you can make requested and remind the officer of passed process time you cannot sue and please respect the law and officer
 
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Bornlucky

Hero Member
May 15, 2018
683
524
if processing times are longer than what they have listed on the CIC website anyone can file the mandamus order with court. All public officials are OBLIGATED to process application within processing times. If they delay they can be sued. It's very popular in USCIS. Lots of applicants sue the govt for delaying processes and they win most of the time. Remember IRCC does not like checks and balances especially Federal court :) those responsible officers should be accountable for their work just like we are for our work. Plus they get paid because of our gov't filing fees which are thousands of dollars wasted.
Hi there,

You sound frustrated. You're right about filing a mandamus, however its success won't hinge on their posted statistics for processing times. It will have to constitute an unreasonable delay in the making of the decision. That's an opportunity for the Government's lawyers to list the Departmental priorities, and the existing inventory of applications at the time of the filing for mandamus.

Lots of people take the immigration department to the Federal Court of Canada (FCC) - it's over 80% of the FCC's business the last time I was aware of their statistics. The Department of Justice has Immigration Sections in their offices and they have huge caseloads, so threatening Immigration with litigation isn't likely to make anyone shudder with apprehension.

Immigration decision-makers are accountable for their work by both the courts and their management and they get paid from the Treasury like all public servants. Immigration fees go into the Treasury but they don't collect nearly enough to pay their staff, purchase equipment & lease office space.

A successful mandamus wins the litigant a decision. Maybe the person gets to stay and apply for PR status. Maybe the applicant just accelerated their return to their home country with a negative decision.

If it's negative, threaten them with an appeal to the FCC - they won't mind.
 

Rashpal094

Full Member
Aug 31, 2023
44
45
Hello guys got portal email, already declared and uploaded pictures today at 4 pm.
How long does it take to get Ecopr and pr card?

thanks
 

Taweda

Hero Member
Nov 25, 2016
586
390
if processing times are longer than what they have listed on the CIC website anyone can file the mandamus order with court. All public officials are OBLIGATED to process application within processing times. If they delay they can be sued. It's very popular in USCIS. Lots of applicants sue the govt for delaying processes and they win most of the time. Remember IRCC does not like checks and balances especially Federal court :) those responsible officers should be accountable for their work just like we are for our work. Plus they get paid because of our gov't filing fees which are thousands of dollars wasted.
Is this will negatively affect their decision on the application. Since H&C is dependent on the officer