H&C can be applied after?

[refugeeseeker]

Hi, Just for information. I want to know. If refugee claim has been denied, I know there is an option for H&C but there is a condition of 12 month wait since denial.
So, is it since 1st denial from IRB or after denial from RAD?

 

[carolbb23]

Hi, Just for information. I want to know. If refugee claim has been denied, I know there is an option for H&C but there is a condition of 12 month wait since denial.
So, is it since 1st denial from IRB or after denial from RAD?

But with H&C the approval chances are low

 

[scylla]

Hi, Just for information. I want to know. If refugee claim has been denied, I know there is an option for H&C but there is a condition of 12 month wait since denial.
So, is it since 1st denial from IRB or after denial from RAD?

1 year after denial from RAD.

 

[refugeeseeker]

But with H&C the approval chances are low

thank you for the input. I know it is, but I would rather do anything to stay safe. Rather then going back to that place where I know my death is written.

 

[carolbb23]

thank you for the input. I know it is, but I would rather do anything to stay safe. Rather then going back to that place where I know my death is written.

Have you tried other immigration stream like fsw or pgwp

 

[refugeeseeker]

1 year after denial from RAD.

thank you scylla, i kinda love you tho. You are an expert and got right answer to all question. If I had money, would open a law firm with you tho

 

[scylla]

Have you tried other immigration stream like fsw or pgwp

PGWP isn't an immigration stream. It's a work permit that's granted after someone completes their studies in Canada as an international student on a study permit. Perhaps you're referring to CEC. If so, most likely not an option for the OP since any work experience gained in Canada while applying for refugee status cannot be counted as experience towards any immigration program.

 

[carolbb23]

PGWP isn't an immigration stream. It's a work permit that's granted after someone completes their studies in Canada as an international student on a study permit. Perhaps you're referring to CEC. If so, most likely not an option for the OP since any work experience gained in Canada while applying for refugee status cannot be counted as experience towards any immigration program.

That what I meant Cec

 

[Cathamkent23]

1 year after denial from RAD.

• latest decision in any process in cases where there has been an appeal to the Refugee Appeal Division (RAD) or application for leave and judicial review submitted to the Federal Court
• 
  

• The applicant has received a negative decision on a refugee claim from the RPD and either of the following has taken place: an appeal was made at the RAD an application was made for leave and judicial review of the decision at the Federal Court

  application should notbe examined until 12 months have passed since t

• https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html
  
  
  

 

[Cathamkent23]

The applicant has received a negative decision on a refugee claim from the RPD and either of the following has taken place: an appeal was made at the RAD an application was made for leave and judicial review of the decision at the Federal Court

application should not be examined until 12 months have passed since the date of the last rejection (RPD, RAD, leave or judicial review at the Federal Court) The fee and application are to be returned

 

[Cathamkent23]

1.2) The Minister may not examine the request if

• (a) the foreign national has already made such a request and the request is pending;
• (a.1) the request is for an exemption from any of the criteria or obligations of Division 0.1;
• (b) the foreign national has made a claim for refugee protection that is pending before the Refugee Protection Division or the Refugee Appeal Division;
• (b.1) the foreign national made a claim for refugee protection that was determined to be ineligible to be referred to the Refugee Protection Division and they made an application for protection to the Minister that is pending; or
• (c) subject to subsection (1.21), less than 12 months have passed since
  • (i) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or
  • (ii) in any other case, the latest of
    • (A) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred,
    • (B) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and
    • (C) the day on which the Federal Court refused the foreign national’s application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection.