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

Ajakarian17

Star Member
Jan 23, 2021
157
102
My partner had bad luck too. His Montreal officer refused his HC last July 2020 too, and even though we sent additional evidence while file was still in process, she dismissed it completely and did not change a word in her refusal arguments. Then what I did was to re-print all those additional arguments and re-submit as new HC to Vancouver. I cancelled all lawyers and did it myself. I did not even bother changing dates on reference letters - still was showing 2020 dates. And guess what? This time he got AIP from Vancouver.
Wth, he don’t has the right to ignore your documents !!!!
He should process all the file and all arguments before writing his decision.
 

tony4454

Hero Member
Nov 20, 2020
714
660
Wth, he don’t has the right to ignore your documents !!!!
He should process all the file and all arguments before writing his decision.
Unfortunately as a immigrant some officers want you out of this country so they do it i have experienced it and especially if officer is from same country as yours
 
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grahs1994

Hero Member
Feb 8, 2021
866
659
My partner had bad luck too. His Montreal officer refused his HC last July 2020 too, and even though we sent additional evidence while file was still in process, she dismissed it completely and did not change a word in her refusal arguments. Then what I did was to re-print all those additional arguments and re-submit as new HC to Vancouver. I cancelled all lawyers and did it myself. I did not even bother changing dates on reference letters - still was showing 2020 dates. And guess what? This time he got AIP from Vancouver.
Can you tell me how did you refer to the law in your arguments or did you submitted everything that your lawyer did first
 

Joel2020

Full Member
Sep 10, 2020
28
27
May I know if you are from a developped country ? What was your hardship arguments ? What is your establishment grounds ? When did you come to the country ? Did you apply for asylum before ? Do you have any family ties on Canada ! Did you put letters from relatives or friends, articles to prove your hardship arguments ? Do you have a job or wôunteer work ? Do you pay a rent ?
We live in a house. Out of status. Never applied for assylum. My spouse and I are From the Caribbean. Came from 2005 out of status from 2015. Lots of family in Canada. Did not include much letters from friends or family because in refusal notes from previous h&C, officer stated support letters did not state how we impact their lives but this was not true, each letter spoke how we impact their lives and how it would affect them if we were forced to leave. Hardships were no establishment back in Caribbean. Would not be able to provide for our children and the poor who look to us for help. Our kids would suffer a culture shock and mental health issues. No friends for them there but close friendships here. Eldest child wrote a personal letter about her post secondary plans and such, younger kids Drew pop up pics.etc. had letter from family in Caribbean stating that they will not be able to help us if we come back as they all love in poverty. Also that we support them financially
 

Katayoon

Champion Member
Nov 19, 2011
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Can you tell me how did you refer to the law in your arguments or did you submitted everything that your lawyer did first
I removed all legal arguments that the lawyer wrote, like examples of cases that won HC in the past. I personally do not find them useful because my partner lost HC twice despite citing dozens of judges that granted HC in similar cases. I focused on his HC evidence instead.
 

grahs1994

Hero Member
Feb 8, 2021
866
659
I removed all legal arguments that the lawyer wrote, like examples of cases that won HC in the past. I personally do not find them useful because my partner lost HC twice despite citing dozens of judges that granted HC in similar cases. I focused on his HC evidence instead.
Ok...so you wrote your own store with no legal argument? I think that's what I will do.
 

Katayoon

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Nov 19, 2011
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Wth, he don’t has the right to ignore your documents !!!!
He should process all the file and all arguments before writing his decision.
She did not bother herself with that. Her refusal letter was generated in July 2020 but she did not close the file. Then in November we sent additional evidence, and in February 2021 she sends us refusal letter dated July 2020!
 

Katayoon

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Nov 19, 2011
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Ok...so you wrote your own store with no legal argument? I think that's what I will do.
Yes, no legal argument whatsoever. Just proofs of family ties in Canada, best interest of Canadian child, employment letters, reference letters etc.
 

tony4454

Hero Member
Nov 20, 2020
714
660

Funny thing in my case regarding friends and family in canada, i sent all letters as well about 10 i guess and the officer. stated tje same thing that i didnt show how it would impact their lives also he literally mentioned that they wont die of separation from you and vice versa and now we have social media and you/they cancontact using that and stay in toch. Hats off to that officer
 

Ajakarian17

Star Member
Jan 23, 2021
157
102
@Joel2020
I really want to know why you didn’t apply for PR before and you prefered a life with no rights freedom and privileges, but Of course we should focus on the futur And not the past.
In your first refusal your officer did a mistake because he said you don’t have any impact in your relatives life but that not true.
Did you send articles about your home country to prove the situation there and how it can cause a culture chock to your children ?
You have many and many ways to build a strong case especially in your case but you should c’arify More your arguments.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
Funny thing in my case regarding friends and family in canada, i sent all letters as well about 10 i guess and the officer. stated tje same thing that i didnt show how it would impact their lives also he literally mentioned that they wont die of separation from you and vice versa and now we have social media and you/they cancontact using that and stay in toch. Hats off to that officer
Think the member likely said that although it would be sad there are other ways to communicate with friends like via social media. There may even be opportunities to meet up with friends for a visit. In life it is not unusual for friends to have to move for personal, professional reasons or just go traveling for an extended period of time and friends miss them but it isn’t the end of the world. Think that is a fair comment about life without even immigration being involved.
 

canuck78

VIP Member
Jun 18, 2017
55,589
13,521
I’ve been following this story since it made headlines.It’s pretty sad.you guys can support him if you want to.
P.s I don’t know him personally.I just saw it somewhere and decided to share

https://www.gofundme.com/f/stop-the-deportation-of-carlo-escario
He can reapply for PR when he gets to the Philippines and this time declaring his wife and child and then reapply. He asked to stay long enough to get his2nd Pfizer shot which was approved. Living his life in Canada while his wife and child would never qualify to immigrate (unless they qualified on their own) was not an ideal situation either. Not sure why he didn’t declare the wife and child in the first place.
 
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canuck78

VIP Member
Jun 18, 2017
55,589
13,521
What we’re each of your status since 2005. Visitor? Students? Workers? What happened from 2015-2018? What prompted you to apply for H&C in 2018? Did you have contact with CNSA or IRCC? DI’d you both have WPs since 2018? Have you both been working since 2021? No welfare?

My interpretation of why your 1st H&C was denied. Having both parents who are out of status makes the application harder to approve. H&C isn’t to protect people from having a different standard of living if they had to return home unless if it was a life or death situation. Is English the primary language in your home country? If so, they could transition into a new school system like any other child who has moved and the children will make friends and will adjust to a new school. Sure it is very sad to leave their friends but most can keep in tough via social media and children make new friends. They also have extended family in their home country like they do in Canada. Your eldest child who dreams of post-secondary school in Canada has nothing stopping her from attending college or university in Canada. In terms of your support to poor people in your country. Hopefully others you know will take up your cause will you try to get on your feet in your new country. H&C applications are about your family and not your charitable endeavours in other countries. In terms of jobs in your home country. Would start thinking about small business ideas, reach out to people you know in Canada or in your home country looking for employment, etc. I assume tourism is likely a big part of your home country’s economy. I would try to leverage your time in Canada into a business opportunity. For example Canadians may have a 2nd home in your home country. They may keep it for their use or rent it out longterm or an AirBnB or VRBO. You could be a property manager for these properties.

I assume your second refusal will highlight similar issues There are 2 very similar cases with H&C applicants have had 4 kids without status almost all or a good portion of the time. They may even both be from Jamaica. I think the message is that having children in Canada doesn’t guarantee that the whole family can remain in Canada.