Sorry about your refusal were you able to submit the requested additional documents?
You need to see a lawyer.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
You need to see a lawyer.
We provided everything he asked for and even other documents that we thought would help (Like pictures of her skin conditions in our home country vs in Canada).
How long do we have to wait to appeal? And how does it work?
We are trying to look for lawyers with experience but there's not much...
I’m sorry to hear that if you can send it as reconsiderations it maybe work i know a person when she got refused she reapply next month with strong evidence now she is a Canadian citizen but it happened long time ago
But you have to wait 29 more months to get the answer
How do I appeal and how much time do I have for me to appeal or send a reconsideration?
Also, for strong evidence, does medical letters work? What would I need?
Hi
Sorry to hear about your refusal. Ask for reconsideration right away and include a very strong and compelling letter when you ask for reconsideration. There is a certain section in the Act that allows you to make a request for reconsideration, and the consular officer is expected to consider it.
Formal Appeal:
Decisions made under H and C considerations policy are final and can not be appealed. You can, however, ask for a judicial review through the Federal Court of Canada. You have 15 days to make a written request from the date of your refusal. You need to act fast if you want to go down this path.
Hi everyone. I’m new here.
my husband and I applied for H&C in August 2019 after a failed hearing and failed appeals. We applied based on the best interest of child.
we received an email on July 7th 2020 with medicals request forms for both of us. With excitement, we went on the website to check our status but it still “in process”
Anyone have an idea if the request for medicals means we have been approved?
Thanks in advance for your response.
my husband and I applied for H&C in August 2019 after a failed hearing and failed appeals. We applied based on the best interest of child.
we received an email on July 7th 2020 with medicals request forms for both of us. With excitement, we went on the website to check our status but it still “in process”
Anyone have an idea if the request for medicals means we have been approved?
Thanks in advance for your response.
Hello
Did you receive an interim approval, i.e. approval in principle, for the application you submitted under Humanitarian and Compassionate considerations?
If not, you and your family were issued medical instructions to weed out any potential medical inadmissibility or to determine if a medical inadmissibility exists.
Your application will remain "In Process" until a final decision is made. The status will then change to "Decision Made"
There is still a few steps you need to complete before a final decision on your application can be made. These steps are as follows:
1. Complete Medical Exam
2. If exemption is granted, you and your family will be issued an Approval In Principle.
3. Submit Police Clearance Certificate, and any additional information requested in the letter. This letter is usually sent out within a few weeks following an approval in principle letter.
4. Background Check in Progress - Criminality and Security
5. After passing the background check, your application will be transferred for a final stage 2 evaluation to determine you meet all the statutory requirements.
6. Following stage 2 evaluation, you and your family members will be issued a CoPR Letter and you and your dependents will be landed as PRs.
7. Send a copy of your confirmation letter along with one photograph for each member to allow the IRCC to issue you and your dependents PR cards.
Would really depend on what type of skin condition she has and what treatments are available. Whether the same treatments are availanle in your home country. How did you come to file an H&C claim? Were you working in Canada? Failed refugees?
At this point you need a good lawyer who will review your previous submissions and see if anything was missing in terms of argument.
At a high level, you do appear to have a decent case considering you can speak English and presumably have been working in Canada with your (again assumption) minor child. Thus, I am surprised your case has been rejected.
I was a teenager when I started doing research related to immigration regulations for my parents so I do believe you seem to check off most boxes. But it also depends on how long you have been in Canada - the longer you have resided in Canada, the stronger your case becomes.
I think I need to quit engineering and go to a law school and become an immigration lawyer because I find things like that pretty interesting!
Thank you so so so much. We'll try everything we can.
Is asking for reconsideration free? How much does it cost?
Also, what documents are a must other than the letter and medical letters?
As far as I am aware, asking for a reconsideration is not subject to an adjudication fee. These requests are handled on a discretionary basis though.
You are in an uncharted territory right now. No one can tell you what documents you should submit. It is entirely dependent on your own situation and the factors within your application you would like reconsidered.
1. Compelling Letter
2. Medical Letter
3. Why you can't do this treatment back in your country of origin?
4. Any climate related factors affecting your daughter's skin condition
5. How settled she is in Canada
6. How settled you are in Canada
Factors like that could be helpful.
You are in an uncharted territory right now. No one can tell you what documents you should submit. It is entirely dependent on your own situation and the factors within your application you would like reconsidered.
1. Compelling Letter
2. Medical Letter
3. Why you can't do this treatment back in your country of origin?
4. Any climate related factors affecting your daughter's skin condition
5. How settled she is in Canada
6. How settled you are in Canada
Factors like that could be helpful.