H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Attended interview, didn’t get deferral and not even PRRA , officer asked me to wait for their call or email. I have a question here- who is eligible for PRRA ? Has it be a year from the date of JR dismissal or this bar doesn’t apply if you have a Canadian born child?
Hi, as they told me Prra is only for people who comes for countries that have very risk. Also you need a 1 year from JR. My family and I was deported 2 years ago, and we just received aip, and we are waiting to return. Have faith.
I think the bar you are referring to is the bar preventing HC application from being submitted following a negative decision from IRB, which gets relaxed if you have a child. For PrRA, the bar is pretty firm: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html
Generally, it all comes to the discretion of the CBSA officer that handles your case. Some are "nice" and hand it out without you even asking, like in my partner's case. He is not from a high risk country, but the officer was mindful of the fact that I am Canadian citizen and we have a Canadian child. I guess he just felt personally sorry for our case and I do recognize that he was "exceptionally" nice. But others would not offer PRRA, especially if they want to meet their removal targets. I observe that in larger cities CBSA officers are pretty determined to remove. For example, while Ottawa had their removals on hold last year due to covid (lucky us!), Montreal was removing people right and left as if there was no tomorrow.
There is no requirement to be from a particular Country to be qualified for PRRA but you have to demonstrate, verbally, during your pre-removal interview, that your life will be at risk. Once they hear those hint words "risk" and "life", they have a certain protocol to follow. Try this strategy at your next meeting and fingers crossed. No guarantee that it would work with your officer, but what else can we do other than trying? You have not lost this battle yet. Patience, my friend.
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Yes you can bring your lawyer but it still remains at officer's discretion whether to offer PrRA or administrative deferral. In fact, our CBsA officer had a clear preference to deal with us directly without lawyer.
Hey all. I just wanted to inform you I got my CoPR On Nov 19, 2021 (sorry for the late news).
Just waiting for PR Card now.
I learned through this process that you should never give up. There is a lesson in everything and what you can do is to just strive to be a better person everyday and good things will follow.
Just waiting for PR Card now.
I learned through this process that you should never give up. There is a lesson in everything and what you can do is to just strive to be a better person everyday and good things will follow.
Hello. I applied for PR under H&C grounds, I got denied and going through appeal process, I’m on stage 2 judicial review in court, lawyer has not picked a date yet. I am no longer comfortable with my lawyer, he seems to be charging me more than I can afford. Can anyone please recommend a Reliable lawyer in Toronto that can I work with. Thanks
I found this lawyer in old messages, a member of the forum gave me her contact details.
she made a reconsideration request after a refusal. she got approval with her
Tatiana Gulyaeva
Law Office of Tatiana Gulyaeva
205 – 5409 Yonge Street Toronto, Ontario
416 2736646
In my opinion, JR for H&C is more or less waste of money and time as the chance is so slim. If I were you, I will save the money and apply for a fresh H&C after reviewing the refusal reasons.
Yes i agree, i read everyday cases in federal court website, its really hard to get a positive decision from the judge, because they don't exam your case in JR but they exam the officer's decision if it is reasonable with the arguments and the factors cited in the file and with the measure of reasonableness in the law