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

[Ace_Bailey]

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!

You are a huge help!!
My daughter (a minor) and I have been living in Canada for a little over 10 years now. I was working in Canada the last year or two because my family couldn't financially support us anymore so I had to get some income.

For her skin condition, we sent proof (pictures) and letters from my daughter's doctor. Everything from what she eats and even foods she touches effects her in our home country. But even if we're not too cautions, she's completly fine in Canada.
She gets prescriptions when we are in our home country but the medications are super strong for her so her body sometimes takes a toll (Migraines, headaches, stomachaches, muscle pain, vomit, etc)

 

[Ace_Bailey]

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.

Thank you!

 

[Canadienne_91]

You are a huge help!!
My daughter (a minor) and I have been living in Canada for a little over 10 years now. I was working in Canada the last year or two because my family couldn't financially support us anymore so I had to get some income.

For her skin condition, we sent proof (pictures) and letters from my daughter's doctor. Everything from what she eats and even foods she touches effects her in our home country. But even if we're not too cautions, she's completly fine in Canada.
She gets prescriptions when we are in our home country but the medications are super strong for her so her body sometimes takes a toll (Migraines, headaches, stomachaches, muscle pain, vomit, etc)

1. You mentioned something about the family supporting you for some period when you're in Canada - does that family reside here or were they providing you with financial support from outside Canada?

If they're providing you support from outside Canada then it could have hurt your case as it goes to support the narrative that you do have sound financial backing from elsewhere.

2. Why were you travelling between Canada and your country of origin knowing the health complications that could arise from your frequent visits. Again, a negative factor.

 

[Handc2018]

hi @Canadienne_91 i have a question I called again the ircc call center they said still my application is doing background check is it normal? I didn’t get any AIP or medical request , thank you for the answer

 

[Naz786]

hi @Canadienne_91 i have a question I called again the ircc call center they said still my application is doing background check is it normal? I didn’t get any AIP or medical request , thank you for the answer

IRCC unpredictable I got a letter from them last year for medical background Even FBI background check and fee all done I call them last month they said my application still in process then few weeks ago I got call from my case worker She said she will talk to her supervisor I’m getting email Or call back I haven’t heard anything yet I been checking my mailbox every day sometimes twice a day

 

[canuck78]

You are a huge help!!
My daughter (a minor) and I have been living in Canada for a little over 10 years now. I was working in Canada the last year or two because my family couldn't financially support us anymore so I had to get some income.

For her skin condition, we sent proof (pictures) and letters from my daughter's doctor. Everything from what she eats and even foods she touches effects her in our home country. But even if we're not too cautions, she's completly fine in Canada.
She gets prescriptions when we are in our home country but the medications are super strong for her so her body sometimes takes a toll (Migraines, headaches, stomachaches, muscle pain, vomit, etc)

Your case is still not clear. You say you have been living in Canada for 10 years. Did you ever have a visa to legally live in Canada or did you enter on a visitor visa ans overstay? Assume you mean you worked without status for cash for the past 2 years how did you survive without working for the past 8 years? Were you in Canada continuously? How are you accessing healthcare? Do you have concrete proof that your child's skin condition can not be treated in your home country. Pictures are not enough. There are a lot of factors that infulence pictures. Whether a person has been receiving treatment, age can influence the skin diseases, etc. Do you have medical papers that show that Canada's climate is better for this skin condition? Is the skin condition serious enough to be life altering if you return to your home country. Many skin conditions would not be considered serious enough to need H&C. If the skin condition is part of a larger disease process like an autoimmune disorder you would likely have a better argument. Especially if treatment is not available in Canada.

 

[refugeeseeker]

IRCC unpredictable I got a letter from them last year for medical background Even FBI background check and fee all done I call them last month they said my application still in process then few weeks ago I got call from my case worker She said she will talk to her supervisor I’m getting email Or call back I haven’t heard anything yet I been checking my mailbox every day sometimes twice a day

if you do not mind me asking you, what the phone number they call from?
I do not answer unknown number due to scam calls :/

 

[canuck78]

if you do not mind me asking you, what the phone number they call from?
I do not answer unknown number due to scam calls :/

You should answer because if you call from an extension it usually shows up as unknown number.

 

[Naz786]

if you do not mind me asking you, what the phone number they call from?
I do not answer unknown number due to scam calls :/

It’s from unknown number

 

[Ace_Bailey]

1. You mentioned something about the family supporting you for some period when you're in Canada - does that family reside here or were they providing you with financial support from outside Canada?

If they're providing you support from outside Canada then it could have hurt your case as it goes to support the narrative that you do have sound financial backing from elsewhere.

2. Why were you travelling between Canada and your country of origin knowing the health complications that could arise from your frequent visits. Again, a negative factor.

1. Yes my family was supporting us financially from outside of Canada before we applied for H&C. But they passed away.
2. We were sometimes traveling back to our home country because, with my family supporting us, they wanted to see my daughter too so they would tell us to visit once every year or two and we couldn't say no. And we also had a lot of family deaths.

 

[Ace_Bailey]

Your case is still not clear. You say you have been living in Canada for 10 years. Did you ever have a visa to legally live in Canada or did you enter on a visitor visa ans overstay? Assume you mean you worked without status for cash for the past 2 years how did you survive without working for the past 8 years? Were you in Canada continuously? How are you accessing healthcare? Do you have concrete proof that your child's skin condition can not be treated in your home country. Pictures are not enough. There are a lot of factors that infulence pictures. Whether a person has been receiving treatment, age can influence the skin diseases, etc. Do you have medical papers that show that Canada's climate is better for this skin condition? Is the skin condition serious enough to be life altering if you return to your home country. Many skin conditions would not be considered serious enough to need H&C. If the skin condition is part of a larger disease process like an autoimmune disorder you would likely have a better argument. Especially if treatment is not available in Canada.

We've been living in Canada with a valid visa and my family was financially supporting us but they passes away and that's when I had to start working.
We had to go back to visit sometimes because my family wanted to see my daughter and we couldn't say no (Because they were financially supporting us) and we had a lot of family deaths.
Her skin condition only happens in our home country. That's why she DOESN'T need treatment in Canada. The doctor in Japan said it probably has to do this the environment, climate, food, etc. We had a medical certificate from the doctor explaining her skin condition and that it only happens in our home country. How do we prove that Canada's climate is better?

 

[Ace_Bailey]

Does anybody know HOW to send a reconsideration? Do I email the officer?

 

[Canadienne_91]

Does anybody know HOW to send a reconsideration? Do I email the officer?

Yes, email the office directly that rendered the negative decision.

In Big Bold letters write down “Request for Reconsideration”

 

[Copingwithlife]

We've been living in Canada with a valid visa and my family was financially supporting us but they passes away and that's when I had to start working.
We had to go back to visit sometimes because my family wanted to see my daughter and we couldn't say no (Because they were financially supporting us) and we had a lot of family deaths.
Her skin condition only happens in our home country. That's why she DOESN'T need treatment in Canada. The doctor in Japan said it probably has to do this the environment, climate, food, etc. We had a medical certificate from the doctor explaining her skin condition and that it only happens in our home country. How do we prove that Canada's climate is better?

It would be hard to say that Canada’s climate is better when Japan’s climate ranges from Hokkaido , which is colder , to the tropical weather Okinawa experiences
The officer probably thought , then just move to another part of Japan
Just like in Canada, if someone doesn’t like the hot weather southern Ontario gets in the summer, move to the northern parts of the country which doesn’t get so hot & humid

 

[canuck78]

We've been living in Canada with a valid visa and my family was financially supporting us but they passes away and that's when I had to start working.
We had to go back to visit sometimes because my family wanted to see my daughter and we couldn't say no (Because they were financially supporting us) and we had a lot of family deaths.
Her skin condition only happens in our home country. That's why she DOESN'T need treatment in Canada. The doctor in Japan said it probably has to do this the environment, climate, food, etc. We had a medical certificate from the doctor explaining her skin condition and that it only happens in our home country. How do we prove that Canada's climate is better?

It seems like somehow you have been able to reenter many times with a visitor visa without being denied entry. You have been very lucky. Have you relocated to numerous areas in Japan? Assume that will be one of the arguments made in your H&C denial. Your reasons for seeking H&C are unfortunately not very strong. Things like changes indiet, climate, etc. are feasible while remaining in Japan. Saying that your child has a skin condition only in Japan isn’t enough to warrant staying in Canada. The fact that you returned to Japan numerous times shows that she can be in Japan. Your child will also have access to medical care in Japan.