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Am i strong enough for H&C . i'm refugee since 4 yrs ago

kial

Star Member
Jan 18, 2017
156
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I came to Canada in 2013 , i applied for refugee status before a civil war in my country Yemen, unfortunately i got so many rejection from IRB, However. i made appeal so in the total got 5 times rejection from IRB and twice acceptance from Federal court, but it sounds like back and fourth among them. now my case i think abandoned , they didn't respond more then one year no date no hearing nothing at all.

1- i'm working.
2- Single, no kids.
3 - never been in home country.
4- i have some activities and projects in the environment.

so i just wounder if i have good chance for H&C

Thanks in advance,,
 

nope

Hero Member
Oct 3, 2015
301
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I suspect that no opinion here is worth anything -- it's impossible to tell from this whether you have been accepted, ever, as a refugee or not. My personal advice would be to collect as many details about your history as possible, and to go ask an immigration lawyer with a history of success in refugee appeals, for a free consultation.
 

kial

Star Member
Jan 18, 2017
156
42
nope said:
I suspect that no opinion here is worth anything -- it's impossible to tell from this whether you have been accepted, ever, as a refugee or not. My personal advice would be to collect as many details about your history as possible, and to go ask an immigration lawyer with a history of success in refugee appeals, for a free consultation.
the lawyer said wait for new hearing. i have been waiting for a while.

thanks for your comment.
 

Taxed

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Jul 9, 2015
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kial said:
the lawyer said wait for new hearing. i have been waiting for a while.

thanks for your comment.
1. Regardless if you have a strong case ir not, you cannot apply for H&C while waiting fir a new hearing.
2. Given that you don't have any kids, you will have to wait 12 months since you had a negative decision at the IRB hearing in order to qualify to apply for H&C considering.
 

key78

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Aug 23, 2015
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It would be better if you can explain your case in detail. 4 rejections from IRB and twice being accepted from the Federal court?? now my case i think abandoned?? it does not makes sense!!

The federal court's decision (Judgment) is superior to any decision that is made in any other court and it should have be taken.
 

kial

Star Member
Jan 18, 2017
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Taxed said:
1. Regardless if you have a strong case ir not, you cannot apply for H&C while waiting fir a new hearing.
2. Given that you don't have any kids, you will have to wait 12 months since you had a negative decision at the IRB hearing in order to qualify to apply for H&C considering.
the last negative decision was in 2015 Nov , basically it has been more than 12 months.
 

kial

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Jan 18, 2017
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key78 said:
It would be better if you can explain your case in detail. 4 rejections from IRB and twice being accepted from the Federal court?? now my case i think abandoned?? it does not makes sense!!

The federal court's decision (Judgment) is superior to any decision that is made in any other court and it should have be taken.
after my first hearing i applied for 2 appeals and they were negative too, so i went the federal court i won then my case sent it again to IRB , they dismissed.
after that i went to federal court with other judge and i won again after that my case went to IRB again since 2015 Nov , they decide to give me new hearing but so far no news at all!!!
 

key78

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Aug 23, 2015
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was your case strong in 2013? what was it based? Religious, war, LGBT etc..?

You may be qualified for H & C but your journey with CIC will be VERY LONG.
 

key78

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Aug 23, 2015
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Religious-based cases sometimes are hard to prove in courts
 

kial

Star Member
Jan 18, 2017
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key78 said:
was your case strong in 2013? what was it based? Religious, war, LGBT etc..?

You may be qualified for H & C but your journey with CIC will be VERY LONG.

religious issue and after i came to Canada the civil war started. do u know for how long ? estimate?
 

key78

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Aug 23, 2015
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I know a guy who was rejected and applied for H & C and has been without a status until now. He has been renewing his Temporary resident permits (TRP) for almost 7 years just to allow him to stay in Canada.

The first rejection from IRB based on your case is a reason for CIC to delay the process of your H & C application as they will see you as someone who is not credible.
 

key78

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kial said:
religious issue and after i came to Canada the civil war started. do u know for how long ? estimate?
I advise you to hire a great lawyer to fight in courts and to wait and don't apply to the H & C as it may complicate your case even more..It may take a decade or more to get your PR if you took the H & C route
 

kial

Star Member
Jan 18, 2017
156
42
key78 said:
I know a guy who was rejected and applied for H & C and has been without a status until now. He has been renewing his Temporary resident permits (TRP) for almost 7 years just to allow him to stay in Canada.

The first rejection from IRB based on your case is a reason for CIC to delay the process of your H & C application as they will see you as someone who is not credible.
Thanks i appreciate your help.
 

kial

Star Member
Jan 18, 2017
156
42
key78 said:
I advise you to hire a great lawyer to fight in courts and to wait and don't apply to the H & C as it may complicate your case even more..It may take a decade or more to get your PR if you took the H & C route
so far i hired 4 lawyers
 

key78

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Aug 23, 2015
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where are you located? Toronto or Vancouver? there are some great lawyers