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

Bijays

Star Member
Aug 27, 2021
52
62
@Katayoon and other members, I applied H&C based on best interest of a child as we have a 3 years old daughter as soon as we lost appeal (refugee) on April 17th 2020 and also filed application for Judicial Review which we lost hearing on May 2021. I assume CBSA should have sent a letter but we didn’t receive anything so - do you think there is communication gap between IRCC and CBSA that is why my H&C application isn’t in process yet after 16 months of application? Any idea on this? How much do you see the chances of getting AIP as we both husband and wife are full time employees till now since 2014 August and we have invested in property too. Been doing some donations, charities and volunteer works too. Daughter started going to day care now. Please share your ideas and thoughts.
 

Javed120

Star Member
Apr 18, 2014
108
2
Hi
M’y parants are refugee claims in 2020 January
They have hearing date in December 2021
But few weeks ago my father had open heart surgery
Also they doctor found alser.
My father was 24 days in hospital
7 days in ICU
It’s any support for case .can u help me
Any is are any things have to do to their case positive.help please dear all members
 

canuck78

VIP Member
Jun 18, 2017
53,328
12,874
Hi
M’y parants are refugee claims in 2020 January
They have hearing date in December 2021
But few weeks ago my father had open heart surgery
Also they doctor found alser.
My father was 24 days in hospital
7 days in ICU
It’s any support for case .can u help me
Any is are any things have to do to their case positive.help please dear all members
Health issues or surgery that happen while in Canada are not relevant for asylum cases. Your parents must prove that they were being persecuted in their home country and their lives were at risk. They also sought safety in other areas of Bangladesh.
 

royalrumble

Star Member
Aug 8, 2021
161
27
Hi I dont know if anybody can answer this question for me but here goes...do the Afghanistan refugee application go to the London Visa office to be processed? Just want to know as our application for spousal sponsorship is currently processing at the LVO and I want to know if any delays will be caused due the priority situation in Afghanistan currently?
 

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
@Katayoon and other members, I applied H&C based on best interest of a child as we have a 3 years old daughter as soon as we lost appeal (refugee) on April 17th 2020 and also filed application for Judicial Review which we lost hearing on May 2021. I assume CBSA should have sent a letter but we didn’t receive anything so - do you think there is communication gap between IRCC and CBSA that is why my H&C application isn’t in process yet after 16 months of application? Any idea on this? How much do you see the chances of getting AIP as we both husband and wife are full time employees till now since 2014 August and we have invested in property too. Been doing some donations, charities and volunteer works too. Daughter started going to day care now. Please share your ideas and thoughts.
CBSA had all removal orders on hold because of COVID so they were silent for a while. My partner was under deportation order but they just sent him letter in summer 2020 that he will be contacted to come to the office "when it will be safe to do so".So you may hear from them any time now.

As for processing delay, this is just normal processing delay on the IRCC side. HC apps take several years. IRCC will not speed up processing because of CBSA and removal orders, unless you also have a concurrent PRRA application. In which case HC will be a bit faster because they normally decide PRRA and HC concurrently.

your case will depend on which officer you will land at. Pray for a compassionate person.
 

canuck78

VIP Member
Jun 18, 2017
53,328
12,874
@Katayoon and other members, I applied H&C based on best interest of a child as we have a 3 years old daughter as soon as we lost appeal (refugee) on April 17th 2020 and also filed application for Judicial Review which we lost hearing on May 2021. I assume CBSA should have sent a letter but we didn’t receive anything so - do you think there is communication gap between IRCC and CBSA that is why my H&C application isn’t in process yet after 16 months of application? Any idea on this? How much do you see the chances of getting AIP as we both husband and wife are full time employees till now since 2014 August and we have invested in property too. Been doing some donations, charities and volunteer works too. Daughter started going to day care now. Please share your ideas and thoughts.
Partially has to do with where you are from and also there is a bit of luck involved.
 

canuck78

VIP Member
Jun 18, 2017
53,328
12,874
Hi I dont know if anybody can answer this question for me but here goes...do the Afghanistan refugee application go to the London Visa office to be processed? Just want to know as our application for spousal sponsorship is currently processing at the LVO and I want to know if any delays will be caused due the priority situation in Afghanistan currently?
Can’t comment on where applications are currently being processed but yes the fact that there is no embassy/consulate in Afghanistan will likely slow down processing. It will also depend on whether you need for an interview. You should really be posting in the family sponsorship section.
 

Bijays

Star Member
Aug 27, 2021
52
62
CBSA had all removal orders on hold because of COVID so they were silent for a while. My partner was under deportation order but they just sent him letter in summer 2020 that he will be contacted to come to the office "when it will be safe to do so".So you may hear from them any time now.

As for processing delay, this is just normal processing delay on the IRCC side. HC apps take several years. IRCC will not speed up processing because of CBSA and removal orders, unless you also have a concurrent PRRA application. In which case HC will be a bit faster because they normally decide PRRA and HC concurrently.

your case will depend on which officer you will land at. Pray for a compassionate person.
Is it true that we get a chance to file an application for PRRA only after 1 year from judicial review result? Or depends on CBSA officer who we deal with?
 

canuck78

VIP Member
Jun 18, 2017
53,328
12,874
Is it true that we get a chance to file an application for PRRA only after 1 year from judicial review result? Or depends on CBSA officer who we deal with?
What country are your from PPRA is only going to
Is it true that we get a chance to file an application for PRRA only after 1 year from judicial review result? Or depends on CBSA officer who we deal with?
May have missed the fact that you had a WP unless you edited your post. What type of WP did you have and was there not an option to apply for PR? If you were denied asylum you are unlikely to benefit from PPRA. What country are you from or area of the world if you don’t want to specify country?
 

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
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Is it true that we get a chance to file an application for PRRA only after 1 year from judicial review result? Or depends on CBSA officer who we deal with?
I think when minor children are involved the 1 year ban is waved?
 

Myrak

Newbie
Aug 28, 2021
2
0
Hello! I have some questions regarding my mom’s H&C application - hoping someone from this forum can help and guide. We filed her application august last year through consultant/lawyer - but so far I have no information or document from them to track progress of my application. Is there anyway I can directly see where we are?
 

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
Hello! I have some questions regarding my mom’s H&C application - hoping someone from this forum can help and guide. We filed her application august last year through consultant/lawyer - but so far I have no information or document from them to track progress of my application. Is there anyway I can directly see where we are?
You should request acknowledgment of receipt from lawyer and then you can check status online or by phone using your application number or UCI.
 
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Myrak

Newbie
Aug 28, 2021
2
0
You should request acknowledgment of receipt from lawyer and then you can check status online or by phone using your application number or UCI.
Thanks for responding! Is it possible that he hasn’t received acknowledgment of receipt till now? Also, he has asked to submit medical, pcc, etc. But we don’t have even have first stage approval? Is this normal?
 

Bijays

Star Member
Aug 27, 2021
52
62
What country are your from PPRA is only going to


May have missed the fact that you had a WP unless you edited your post. What type of WP did you have and was there not an option to apply for PR? If you were denied asylum you are unlikely to benefit from PPRA. What country are you from or area of the world if you don’t want to specify country?
I was under unskilled category WP that’s why unable to apply PR through any other programs so chose asylum but failed, as we applied refugee till then having WP through refugee, now it expires by this October and because we lost JR I am worrying whether we’ll get WP through H&C. I am from one of the South Asian countries.