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

[Ayanna]

It all depends on each case. In our case, we did not have refusal letter to file for judicial review in court. You need the letter at hand and you have to do so within 15 days of letter receipt. All we had was GCMS notes. They never notified my partner of the decision - they just forwarded decision directly to CBSA and he was awaiting to be deported. Also, the appeal would cost 15,000$ (At least) and we were told by lawyers just Stage 1 takes 1 year nowadays. We rejected that option right away. We submitted fresh application ourselves and demonstrated how we address previous officer's concerns when she rejected it. Call it luck or act of God - it worked for us. There is no right or wrong in these HC cases - all depends on the person you will fall at. That's why it is called humanitarian and compassionate - we all have different levels of compassion I guess!

Basically if you were children or your spouses are Canadian citizen or permanent residency they exempt inadmissible 95%
It’s all also as you said depends on officer if your officer recommends for exemption most likely you will get one if your officer deny exemption most likely refusal
The minister goes by recommendations officer 98%
You know whats funny thing if you remember we used to asking so many questions 2019 now we are expert in H&c and PRRA I know every single code of immigration now lol

 

[Katayoon]

Basically if you were children or your spouses are Canadian citizen or permanent residency they exempt inadmissible 95%
It’s all also as you said depends on officer if your officer recommends for exemption most likely you will get one if your officer deny exemption most likely refusal
The minister goes by recommendations officer 98%
You know whats funny thing if you remember we used to asking so many questions 2019 now we are expert in H&c and PRRA I know every single code of immigration now lol

I noticed they work in strong solidarity. Once your case has been refused, it is very hard to get a positive outcome from judicial reviews etc. They tend to respect decisions made earlier on your file. Also, judges vary subsantially in their positivity rates. I remember googling a while ago judicial review outcomes by judge name, and some judges had a rate of 3% positivity while others in 90%. And then even if judge agrees on review, your file can still be refused by the next agent. I see that you won appeal successfully in the past - hats off to you.

 

[gehaif]

Hello,

A friend of mine, his mother in law has filed for H&C, but for sorry a week back they have received a rejection letter for her application due to no documents supporting her case (The lawyer who was representing her did not submit anything they have provided to him)

No they are wondering, what is the next step after the rejection?
- Is she going to be subject to deportation (she came to Canada on supervisa status)? If yes, when to expected and how to avoid this situation?
- Do they need to appeal or go for resubmission? and what is the difference?
- Do you recommend any expert lawyer can handle such situation in the GTA (Great Toronto Area)

Regards,

 

[Ayanna]

I noticed they work in strong solidarity. Once your case has been refused, it is very hard to get a positive outcome from judicial reviews etc. They tend to respect decisions made earlier on your file. Also, judges vary subsantially in their positivity rates. I remember googling a while ago judicial review outcomes by judge name, and some judges had a rate of 3% positivity while others in 90%. And then even if judge agrees on review, your file can still be refused by the next agent. I see that you won appeal successfully in the past - hats off to you.

Yep your absolutely correct

 

[Ayanna]

Hello,

A friend of mine, his mother in law has filed for H&C, but for sorry a week back they have received a rejection letter for her application due to no documents supporting her case (The lawyer who was representing her did not submit anything they have provided to him)

No they are wondering, what is the next step after the rejection?
- Is she going to be subject to deportation (she came to Canada on supervisa status)? If yes, when to expected and how to avoid this situation?
- Do they need to appeal or go for resubmission? and what is the difference?
- Do you recommend any expert lawyer can handle such situation in the GTA (Great Toronto Area)

Regards,

Hi there
Can you share her timeline please?
Answer 1
If her supervisa expire yes she will be deported for long time if not she’s all right
You don’t need appeal you need to complete the application send for resubmission
Yes you do need a good lawyer or law student to help you with application if you mother law is from India or Pakistan you have better chances of H&c because of COVID also The banned from those countries

 

[Alamean]

Hi Ayanna and friends,
I received my AIP mid January and they asked for my address on February 2nd, nothing since then. Is this a negative sign?

 

[Ayanna]

Hi Ayanna and friends,
I received my AIP mid January and they asked for my address on February 2nd, nothing since then. Is this a negative sign?

no it’s not negative it’s positive
They want to confirm that because they gonna send you your Pr card in your address

 

[Ayanna]

Hi Ayanna and friends,
I received my AIP mid January and they asked for my address on February 2nd, nothing since then. Is this a negative sign?

Congrats in advance

 

[Alamean]

no it’s not negative it’s positive
They want to confirm that because they gonna send you your Pr card in your address

But they did not ask for extra picture, could they process the card without pictures? Thank you Ayanna, your replies are really helpful.

 

[SweetQueen]

But they did not ask for extra picture, could they process the card without pictures? Thank you Ayanna, your replies are really helpful.

I am sure you will receive request for passport photo soon. We in Quebec have to receive CSQ before COPR. All we need is Patience and everything will fall in place by the Grace of God.

 

[Alamean]

I am sure you will receive request for passport photo soon. We in Quebec have to receive CSQ before COPR. All we need is Patience and everything will fall in place by the Grace of God.

Thank you SweetQueen, you are as sweet as your name, prayers for everyone to get positive answers soon.

 

[canuck78]

Hi Ayanna and friends,
I received my AIP mid January and they asked for my address on February 2nd, nothing since then. Is this a negative sign?

Have you done your medical and submitted financial and employment information?

 

[canuck78]

Hello,

A friend of mine, his mother in law has filed for H&C, but for sorry a week back they have received a rejection letter for her application due to no documents supporting her case (The lawyer who was representing her did not submit anything they have provided to him)

No they are wondering, what is the next step after the rejection?
- Is she going to be subject to deportation (she came to Canada on supervisa status)? If yes, when to expected and how to avoid this situation?
- Do they need to appeal or go for resubmission? and what is the difference?
- Do you recommend any expert lawyer can handle such situation in the GTA (Great Toronto Area)

Regards,

Has your friend seen what the lawyer submitted and exactly what the refusal letter said? What was the exact wording? Things often get left in translation when hearing from a 3rd party.

 

[canuck78]

Hi there
Can you share her timeline please?
Answer 1
If her supervisa expire yes she will be deported for long time if not she’s all right
You don’t need appeal you need to complete the application send for resubmission
Yes you do need a good lawyer or law student to help you with application if you mother law is from India or Pakistan you have better chances of H&c because of COVID also The banned from those countries

Given covid rates will decrease and have already started to decrease in many regions I'm not sure being from Pakistan or India will lead to higher success rate. Visitor extensions are often being given for those wanting to remain in Canada due to covid but H&C approval is a permanent solution to a temporary problem.

 

[Alamean]

Have you done your medical and submitted financial and employment information?

Yes, everything is received.