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

Katayoon

Champion Member
Nov 19, 2011
1,631
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Hello,

Hope all is well with everyone.

The judge that looked at my appeal agreed with me.
What is the next step in the process if anyone knows? Does the decision get sent back to the department that denied me?
Yes it will go back to IRCC to a differrent officer for reconsideration. You can add additional proofs at this stage. @Fayamufi is in the same boat as you and got lots of tips this week on this forum.
 
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SweetQueen

Hero Member
Nov 12, 2020
581
1,165
What you just need is a comprehensive and detailed cover note , that will give a clear insight on you situation and why you think it will be best ,if you will be given opportunity to remain in Canada. When your cover is too long, it gives a lot of room to contradict yourself. The more simple, the better.
In my opinion, this is a last resort avenue and should not be taken for granted.
Mine was 28 sound pages. Every information well detailed. Every point and issue well analyzed. My lawyer is actually detail oriented.
So, considering the quality of write up and more importantly, that I serve a living God, I knew that my application will be a success from the beginning.
Nonetheless, H AND C application requires
Sound cover letter ( LONG OR SHORT )
Supporting documents
Good and patient immigration officer
God’s Grace as you need Luck :)
 

Carlos chuks

Star Member
Nov 3, 2020
183
218
Hello,

Hope all is well with everyone.

The judge that looked at my appeal agreed with me.
What is the next step in the process if anyone knows? Does the decision get sent back to the department that denied me?
Your application will be sent back for reconsideration, there is a chance that it will go back to the same officer or maybe not .You need to clarify and counter all the reasons the officer gave for the refusal. But most importantly , just pray and believe it will go to a good and considerate officer, that will be more compassionate to your case.
 

Katayoon

Champion Member
Nov 19, 2011
1,631
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Your application will be sent back for reconsideration, there is a chance that it will go back to the same officer or maybe not .You need to clarify and counter all the reasons the officer gave for the refusal. But most importantly , just pray and believe it will go to a good and considerate officer, that will be more compassionate to your case.
You are raising a key point @Carlos chuks - the officer is the key. Our first HC was rejected in Montreal in July 2020.

In September 2020, We changed lawyer and sent it for reconsideration, which was essentially an entirely new application with new cover letter and new evidence. It went to the same officer in Montreal and she refused it again: she reprinted her rejection letter from July 2020 word for word and even kept the original date on it (July 2020).

In April 2021, I took the 2nd HC, translated everything into English word for word and sent it again to Vancouver. I did not even bother changing English evidence: just reprinted everything from 2nd file. And guess what? It got AIP. These 2nd and 3rd HCs were absolutely identical, except that one was in French and another in English (and I replaced lawyer's cover letter with my own cover letter), one went to Montreal officer and another one stayed with Vancouver officer. Yes, officer does matter. More than we could possibly think.
 

Katayoon

Champion Member
Nov 19, 2011
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Please, how did confirm that your application has gone for final review
Niagara usually sends this email "your file has been sent for final review". Or you can request status update by email to Niagara and they will reply "your file is in queue for final review". Or if you call the call center, the agent can also see that your file is in queue for final review.
 

SweetQueen

Hero Member
Nov 12, 2020
581
1,165
Niagara usually sends this email "your file has been sent for final review". Or you can request status update by email to Niagara and they will reply "your file is in queue for final review". Or if you call the call center, the agent can also see that your file is in queue for final review.
Thank you dear friend. @Katayoon. I will call them tomorrow. It’s just that they are not giving updates. Using Afghanistan as excuse.
 

Katayoon

Champion Member
Nov 19, 2011
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Thank you dear friend. @Katayoon. I will call them tomorrow. It’s just that they are not giving updates. Using Afghanistan as excuse.
Yes phone line is a problem these days. Have you tried sending email to Niagara with your agent code name and app number in title? Usually they respond fast. You are most welcome dear @SweetQueen! You're almost there.
 
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Bikiy

Star Member
Jan 12, 2021
113
153
Yes phone line is a problem these days. Have you tried sending email to Niagara with your agent code name and app number in title? Usually they respond fast. You are most welcome dear @SweetQueen! You're almost there.
What effect will it have on one's file using both the GCMS note and emailing with the officers code to there email address
 

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
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What effect will it have on one's file using both the GCMS note and emailing with the officers code to there email address
They will see that you are on top of things, diligent with tracking your status and well informed about all the tools available to you. Quite often, sending an email or notes reminds them about a forgotten file. I think I already mentioned a few times that for us both email updates and GCMS have been critical. By sending email to Niagara, we found out that our police certificate was lost in May and for 3 months our file was collecting dust and awaiting police certificate.
Of course, repeat emails can be annoying to officer, but I am sure nobody here will email officers every day. We are all adults.
 

SweetQueen

Hero Member
Nov 12, 2020
581
1,165
Yes phone line is a problem these days. Have you tried sending email to Niagara with your agent code name and app number in title? Usually they respond fast. You are most welcome dear @SweetQueen! You're almost there.
I sent the CSQ copies via the processing email but never received any response from my officer. Although the call centre agent confirmed that they received it when I called 1 week later. It doesn’t look like he/she likes to reply to emails.
I will talk to my lawyer to send an email
 
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Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
I sent the CSQ copies via the processing email but never received any response from my officer. Although the call centre agent confirmed that they received it when I called 1 week later. It doesn’t look like he/she likes to reply to emails.
I will talk to my lawyer to send an email
Yes officers normally don't send acknowledgment of receipt. But if you ask a specific question, they will respond. Good luck
 
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Fayamufi

Star Member
Dec 19, 2020
134
156
Ontario
You are raising a key point @Carlos chuks - the officer is the key. Our first HC was rejected in Montreal in July 2020.

In September 2020, We changed lawyer and sent it for reconsideration, which was essentially an entirely new application with new cover letter and new evidence. It went to the same officer in Montreal and she refused it again: she reprinted her rejection letter from July 2020 word for word and even kept the original date on it (July 2020).

In April 2021, I took the 2nd HC, translated everything into English word for word and sent it again to Vancouver. I did not even bother changing English evidence: just reprinted everything from 2nd file. And guess what? It got AIP. These 2nd and 3rd HCs were absolutely identical, except that one was in French and another in English (and I replaced lawyer's cover letter with my own cover letter), one went to Montreal officer and another one stayed with Vancouver officer. Yes, officer does matter. More than we could possibly think.
mine was rejected july 2020 and i apply forjudicial review, which got grants now December 2021.

Ayanna told me to apply for another H&C but I didn’t, i am thinking she were 100%right. I should had. Anyway that time was not mine and 2021 is.
Lets hope for the BEST.
 
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Fayamufi

Star Member
Dec 19, 2020
134
156
Ontario
Yes it will go back to IRCC to a differrent officer for reconsideration. You can add additional proofs at this stage. @Fayamufi is in the same boat as you and got lots of tips this week on this forum.
Can you tell me how to or where to send my documents throw webnr, can you guide me, i will do it by my self. Because none of lawyer taking my case. I will send my updated by my self