This is a temporary public policy based on H&C. Thus, it has some H&C exemptions inside.
I am not an expert in immigration law, so I can not guarantee the accuracy of my assumption.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
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I am not an expert in immigration law, so I can not guarantee the accuracy of my assumption.
Ah - got it.
I think you need to speak with a good immigration lawyer about this (which of course will cost you money).
Your situation is extremely unique (Hong Kong program + inadmissible partner). I think it's extremely extremely unlikely anyone here will have had a similar experience or be able to confirm what exemptions are possible.
That's m two cents.
Thanks for your advice. I have two lawyers advised me the same. Try it. But no result is guaranteed.
Since the situation is different from all other cases.
But I think the immigration officer will treat the criminal inadmissibility in the same way.
I am just looking for if anyone has similar experience in obtaining exemption for 5 years bar.
I have already found some decided cases in which few of them success and most of them are failed.
Just want to know more a bit of how decision come up with because I really wish to reside in Canada, for the benefit of my family.
BTW, for people having the same problem in criminal inadmissibility I would suggest them to do their own research. Paying lawyer could be meaningless because you dont know what question you should ask in the first place, you will get the wrong answer.
Thank for everyone who spend time on my post!
Good Luck to you all!
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One more piece of feedback... Make sure you are searching for the right thing when you are looking for comparable cases.
It's not an exemption to a 5 year bar or ban that you're looking for. That's a misrepresentation ban. That's a completely different situation which has nothing to do with criminality issues. 5 year misrepresentation bans are given when someone materially misrepresent key information in an immigration application (e.g. not declaring past visa refusals). I am aware of some H&C situations where IRCC has given an exemption for a 5 year ban that was given due to misrepresentation. But again, these cases are not what you're looking for.
What you want to be looking for is exemptions to inadmissibility due to criminality.
Thank you scylla. You are really good person.
As such, I would share one of my finding here so if there is anyone needed it, you can just ask that person to refer to the case below:-
Basro Yusuf Ahmed vs Canada [Immigration] (2021). Decision made on 13 April 2021 at Toronto.
Thank you again.