ARC refused

[Taxed]

I was accepted on H&C grounds outside of Canada.
Accepted 24 november 2015.
I did my medical and PCC in less than 30 days.
Applied for ARC 10 dec 2015 and it was refused 16 dec 2015.

Reason for refusal: ( which doesnt make sense )

Based on a careful review contained in your application and all the documentation which you have provided in support of your application I have concluded that you do not meet the requirements for an authorization to return to Canada. You have not demonstrated that compelling reasons exist to permit you re-enter Canada and over come your inadmissibilty to Canada as a result of your deportation from Canada.

The letters starts like this:
This refers to the application for an Authorozation to Return to Canada as a visitor which you submitted.

My application was not submitted as a visitor so i dont know why it shows like this in the title.

Also in the reasons, it says "no compelling reasons exist".. Being approved on H&C grounds is not a compelling reasons? Can i reapply again?

Ps. I didnt include the approval letter in the arc application knowing that the officer will know this information from my CIC file number.

Any input please ?

 

[PMM]

Hi

I was accepted on H&C grounds outside of Canada.
Accepted 24 november 2015.
I did my medical and PCC in less than 30 days.
Applied for ARC 10 dec 2015 and it was refused 16 dec 2015.

Reason for refusal: ( which doesnt make sense )

Based on a careful review contained in your application and all the documentation which you have provided in support of your application I have concluded that you do not meet the requirements for an authorization to return to Canada. You have not demonstrated that compelling reasons exist to permit you re-enter Canada and over come your inadmissibilty to Canada as a result of your deportation from Canada.

The letters starts like this:
This refers to the application for an Authorozation to Return to Canada as a visitor which you submitted.

My application was not submitted as a visitor so i dont know why it shows like this in the title.

Also in the reasons, it says "no compelling reasons exist".. Being approved on H&C grounds is not a compelling reasons? Can i reapply again?

Ps. I didnt include the approval letter in the arc application knowing that the officer will know this information from my CIC file number.

Any input please ?

1. You should have sent the approval letter.

 

[Taxed]

My lawyer sent an email to the agent, he replied back with the following:

Please be advised that your clients application was considered on it's substantive merits and was refused. He was provided with the decision containing the reason for refusing his application, thereby fully concluding his application.

Should he have different or additional information, he may wish to submit a new application and pay a new processing fee. If, however, there is nO significant change in his situation, it's unlikely that a new application will be approved.

Now, do you advise me of applying again? In the email, he says so but i dont know what kind of additional information i can provide, this is really confusing.

And if i apply and gets refused again, will i be able to apply again?

 

[Ottawa-applicant]

So sorry to hear about your situation, if I were you I would do the following:
If your lawyer I Canada then ask for an appeal
If your lawyer outside Canada then consider getting one from Canada, easier to keep up with CIC.
Re-submit the approval letter as additional documents and ask for second review of the file
The best options is to ask lawyer for advice, this is forum generously offers free consultation, try talking to them and see if anyone has a better idea

Good luck

 

[Taxed]

I have a lawyer in Canada since day one whos taking care of my application.
First thing he did after the ARC refusal is he went to the federal court to ask for the reason.
We received it few days ago and he has 30 days to appeal the decision at the federal court as the reason in the refusal doesn't make sense.

It says that because i was refused as a refugee and the appeal. Theres no compelling reason to grant me ARC, but another agent approved my application based on humanitarian grounds. So how can an agent accept me in canada and an agent refuse me at the embassy? Why waste money and hours and paper work ect...

Anyway my lawyer is filling the appeal at the federal court before 23 march.

 

[Ottawa-applicant]

I have a lawyer in Canada since day one whos taking care of my application.
First thing he did after the ARC refusal is he went to the federal court to ask for the reason.
We received it few days ago and he has 30 days to appeal the decision at the federal court as the reason in the refusal doesn't make sense.

It says that because i was refused as a refugee and the appeal. Theres no compelling reason to grant me ARC, but another agent approved my application based on humanitarian grounds. So how can an agent accept me in canada and an agent refuse me at the embassy? Why waste money and hours and paper work ect...

Anyway my lawyer is filling the appeal at the federal court before 23 march.

You will be surprised how cic staff works, the agent at the embassy probably didn’t know you have an approval for H&C, and even you submitted the document. Just appeal as I know few people went through similar situation and won the appeal. Keep your faith and hopefully you will get positive results.

 

[Alurra71]

Based on your previous thread you haven't actually been given your PR yet via H & C and you only received a letter requesting more documentation for your file in November. It is likely they are not going to give you an ARC until you have gotten that piece of paper stating that they are going to approve your file.

 

[Taxed]

I have an acceptance letter that says my application on H&C grounds was aproved, dated october 2015. After one month they sent a request to fill some papers which i did along with medical and pcc and pr fees.

Heres the agent notes in the system about the refusal of ARC,it might shed some light.
"Claimed refugee and rejected, subsequent appeal also rejected. Now seeking ARC for permanent residency. He wants this office to issue an arc so that he can go to Canada to reside there permanently. Theres no compelling reason reasons to grant arc."

Does it make sense?
Thats why im appealing the decision in federal court.

 

[Alurra71]

I have an acceptance letter that says my application on H&C grounds was aproved, dated october 2015. After one month they sent a request to fill some papers which i did along with medical and pcc and pr fees.

Heres the agent notes in the system about the refusal of ARC,it might shed some light.
"Claimed refugee and rejected, subsequent appeal also rejected. Now seeking ARC for permanent residency. He wants this office to issue an arc so that he can go to Canada to reside there permanently. Theres no compelling reason reasons to grant arc."

Does it make sense?
Thats why im appealing the decision in federal court.

That only means they have accepted your H & C application, not that you were actually granted PR. Acceptance of your application has nothing to do with ARC. The reasons they are denying your ARC make perfect sense. You applied for refugee status, it was denied, you then appealed, and it was also denied. You then had to be deported from Canada. You were able to launch an H & C application, which they accepted but have not finalized yet, based on your own statements. They will not approve that ARC and allow you back into Canada until they have fully approved your H & C file and are ready to stamp your passport with your PR visa. It is likely then you will successfully obtain your ARC.

 

[Taxed]

Whay you said makes perfect sense to be honest.
But in the letter dated november along with the medical, pcc, fr fees request. They mentioned that i should apply for ARC and then apply to a work permit or study permit once in Canada and wait to finalize my file.

This is what got me lost of what to do, if you speak french, i can copy that part for you.

 

[Alurra71]

Whay you said makes perfect sense to be honest.
But in the letter dated november along with the medical, pcc, fr fees request. They mentioned that i should apply for ARC and then apply to a work permit or study permit once in Canada and wait to finalize my file.

This is what got me lost of what to do, if you speak french, i can copy that part for you.

I'm sorry, I do not speak French very well at all. I can understand some spoken word, but the written word still somewhat escapes me.

A lot of the information that is included in letters received by applicants is kind of like a form letter. Because you are dealing with an H & C application after initial denial and appeal denial that is likely standard information to include. You could always try again to apply for your ARC, this time including the letter you received stating about the various items and what you should apply for and see if that helps, but I suspect you might just throwing money away. As always though, it is up to you to make the final decision.

Best of luck to you.

 

[Taxed]

Thank you for your information, it's greatly appreciated.
I guess i will just wait before i apply again because what you said makes more sense to be honest.

 

[FW-SandA]

Hi,
I need some help regarding ARC.

Currently, my Permanent Residency (PR) application is under process at CIC London visa office under a Provincial Nominee Program (PNP). My medical is ‘passed’ and I paid RPRF fees. I received a RCMP fingerprint request which I uploaded on my CIC account. I am from a country which is under war at present and I am currently working and living in another country on a temporary work permit.

In the past, I went to Canada in 2000 on tourist visa and applied for refugee. My refugee application was refused and after that I applied under Humanitarian and Compassionate (H&C) considerations. In 2004, I volunteered to leave Canada. I received a departure order. In one of the documents I have, it is clearly mentioned –
“He is under deemed deportation (failed claimant). He has no criminality. He will not be escorted. He requested to leave Canada to be reunited with his family”.

My tickets were arranged by the enforcement officer. After I left Canada, I did not know the outcome of my H&C application. Before leaving, I updated my application with my friend’s address and phone number. Later on approximately after one year, I learnt from that friend that he received a phone call and someone from the immigration office told him that my H&C application was approved and they had been trying to contact me. I contacted the immigration office and they told me my approved application will be cancelled because I was no longer inside Canada.

My UCI number in my PR application is the same as it was in my previous applications. So I am assuming that CIC will have access to all my past records. I do have some documents regarding my refugee application but I did not make a copy of my H&C application.

I read on CIC website that I should wait for CIC to contact me to get ARC as my ARC will be processed in the context of my PR application. Could you please advise me on the following questions?
· Is ARC processed as a part of the PR application or will CIC ask me to apply for ARC separately? Should I wait to hear from CIC or should I apply now for ARC?
· Do you recommend hiring a lawyer for applying? Did you hire one? Please share his/her contact details.
· How much time does it take to get the ARC?
· Is provincial nomination a reason compelling enough for ARC? Any suggestion about what I can write to make my case more compelling?


Thank you.
SK