H&C Humanitarian Ground with/or Without Failed refugee claim

[Cathamkent23]

@DaveAngel
Thank you for your reply buddy.
My negative RAD decision was July 2023 and JR dismissed just last week just to be clear I have to count 12 months since RAD July 2023 or will count from July this year, for single person?
And can you please recommend me a good lawyer?

 

[SweetQueen]

@DaveAngel
Thank you for your reply buddy.
My negative RAD decision was July 2023 and JR dismissed just last week just to be clear I have to count 12 months since RAD July 2023 or will count from July this year, for single person?
And can you please recommend me a good lawyer?

It is 12 months after the RAD negative decision.
Wishing you best of luck.

 

[Cathamkent23]

It is 12 months after the RAD negative decision.
Wishing you best of luck.

I have searched a lot and I found these two websites they says 12 months after latest decision from federal Court dismissal:-

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



https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html#:~:text=25 (1) Subject to subsection,a foreign national outside Canada
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• (A) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the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• (B) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on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.
• Unfortunately I have to wait for one year since I don’t have any requests to BIOC OR Medical conditions exempt so in this case I think no choice but wait please correct me if I’m wrong?

 

[SweetQueen]

I have searched a lot and I found these two websites they says 12 months after latest decision from federal Court dismissal:-

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



https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-25.html#:~:text=25 (1) Subject to subsection,a foreign national outside Canada
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.
• Unfortunately I have to wait for one year since I don’t have any requests to BIOC OR Medical conditions exempt so in this case I think no choice but wait please correct me if I’m wrong?

1. Failed refugee claimants are barred for 12 months from applying for Humanitarian & Compassionate considerations following a negative decision by the Refugee Protection Division (RPD) or the Refugee Appeal Division (RAD), or a final decision that the claimant withdrew his claim.

Designated foreign national refugee claimants may not apply for Humanitarian & Compassionate considerations for at least five (5) years after the day of their designation or a final determination by the RPD, or if there has been a negative decision on an application for a pre-removal risk assessment.
People from countries that uphold human rights.

The bar does not apply to families with minors

 

[DaveAngel]

@DaveAngel
Thank you for your reply buddy.
My negative RAD decision was July 2023 and JR dismissed just last week just to be clear I have to count 12 months since RAD July 2023 or will count from July this year, for single person?
And can you please recommend me a good lawyer?

Hi @Cathamkent23,

I think you already got the answer for the first question.
For your second question, I don't have any experience with lawyers. Maybe other members can give you a recommendation based on where you live.
Lawyer fees for an H&C application will cost you a minimum of $10,000.
I suggest you read about other members' experiences with their lawyers.
This is one of them https://www.canadavisa.com/canada-immigration-discussion-board/threads/h-c-humanitarian-ground-with-or-without-failed-refugee-claim.550176/page-1447#post-10175586

Good luck!

 

[Cathamkent23]

Hi @Cathamkent23,

I think you already got the answer for the first question.
For your second question, I don't have any experience with lawyers. Maybe other members can give you a recommendation based on where you live.
Lawyer fees for an H&C application will cost you a minimum of $10,000.
I suggest you read about other members' experiences with their lawyers.
This is one of them https://www.canadavisa.com/canada-immigration-discussion-board/threads/h-c-humanitarian-ground-with-or-without-failed-refugee-claim.550176/page-1447#post-10175586

Good luck!

To be honest I won’t be afforded this amount but I might be go with legal aid Ontario.
Thanks

 

[eni123]

This is to encourage everyone waiting i received my AIP last week Tuesday
Timeline
Application Submitted October 2022
AOR -December 2022
Aip- July 2024 (Niagara)
Direction to Report for removal on July 5 2024(i didnt show up for removal for personal reasons)
Received letter from IRCC to go to CBSA to remove warrant before a decision is made on july 9
Received AIP July 23

 

[Jambol]

This is to encourage everyone waiting i received my AIP last week Tuesday
Timeline
Application Submitted October 2022
AOR -December 2022
Aip- July 2024 (Niagara)
Direction to Report for removal on July 5 2024(i didnt show up for removal for personal reasons)
Received letter from IRCC to go to CBSA to remove warrant before a decision is made on july 9
Received AIP July 23

Congratulations

 

[FNU]

This is to encourage everyone waiting i received my AIP last week Tuesday
Timeline
Application Submitted October 2022
AOR -December 2022
Aip- July 2024 (Niagara)
Direction to Report for removal on July 5 2024(i didnt show up for removal for personal reasons)
Received letter from IRCC to go to CBSA to remove warrant before a decision is made on july 9
Received AIP July 23

Finally some good news. Congratulations!

 

[eni123]

Finally some good news. Congratulations!

Thank you

 

[SweetQueen]

This is to encourage everyone waiting i received my AIP last week Tuesday
Timeline
Application Submitted October 2022
AOR -December 2022
Aip- July 2024 (Niagara)
Direction to Report for removal on July 5 2024(i didnt show up for removal for personal reasons)
Received letter from IRCC to go to CBSA to remove warrant before a decision is made on july 9
Received AIP July 23

A big congrats. God be praised

 

[idiris]

This is to encourage everyone waiting i received my AIP last week Tuesday
Timeline
Application Submitted October 2022
AOR -December 2022
Aip- July 2024 (Niagara)
Direction to Report for removal on July 5 2024(i didnt show up for removal for personal reasons)
Received letter from IRCC to go to CBSA to remove warrant before a decision is made on july 9
Received AIP July 23

Congratulations
Aip Within timeframe.

 

[ibrahim0175]

Can someone shade some lights here?

I have applied for a H and C application,its been more than 13 months but I havent heard back from cic yet,not even the biometrics request,just received the AOR,is it normal?

 

[Jambol]

Can someone shade some lights here?

I have applied for a H and C application,its been more than 13 months but I havent heard back from cic yet,not even the biometrics request,just received the AOR,is it normal?

You may not need biometric if you have done it before and it's not up to 10 years. It's normal, everything is so slow from their end now.

 

[stallion1982]

This is to encourage everyone waiting i received my AIP last week Tuesday
Timeline
Application Submitted October 2022
AOR -December 2022
Aip- July 2024 (Niagara)
Direction to Report for removal on July 5 2024(i didnt show up for removal for personal reasons)
Received letter from IRCC to go to CBSA to remove warrant before a decision is made on july 9
Received AIP July 23

Congratulations!!!!