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

Bornlucky

Hero Member
May 15, 2018
687
533
@Bornlucky

Hello sir, I would like to know if h&c decisions are based on quotas to be adhered to for each nationality, for example, or for each humanitarian situation?
Hi,

Definitely no.

H&Cs, to me, are the least predictable and most discretionary immigration decision-making in IRCC.

The decision-maker has the set of facts put before them by the applicant, the actual immigration history of the individual and their own broad knowledge of external country conditions because they are also the Departmental experts on "risk," thanks to their role as Pre-Removal Risk Assessments (PRRA).

In practical terms I don't see who or how quotas could be implemented for different countries. It would also be indefensible and completely unmanageable. It's the Federal Court that sees disputed H&C decisions so quotas would be a self-inflicted limitation on the officers' discretionary authorities and would be DOA.

It's design is to screen applications against the established policies and guidelines and to interpret the depth of hardship.

It's hard to demystify the H&C process but the decision-makers frequently have their decisions successfully challenged by neglecting to consider certain facts. If the only fact considered was some quota then the system would rightfully collapse.
 
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wello711

Champion Member
Feb 11, 2021
1,552
938
Canada
Category........
Other
Hi,

Definitely no.

H&Cs, to me, are the least predictable and most discretionary immigration decision-making in IRCC.

The decision-maker has the set of facts put before them by the applicant, the actual immigration history of the individual and their own broad knowledge of external country conditions because they are also the Departmental experts on "risk," thanks to their role as Pre-Removal Risk Assessments (PRRA).

In practical terms I don't see who or how quotas could be implemented for different countries. It would also be indefensible and completely unmanageable. It's the Federal Court that sees disputed H&C decisions so quotas would be a self-inflicted limitation on the officers' discretionary authorities and would be DOA.

It's design is to screen applications against the established policies and guidelines and to interpret the depth of hardship.

It's hard to demystify the H&C process but the decision-makers frequently have their decisions successfully challenged by neglecting to consider certain facts. If the only fact considered was some quota then the system would rightfully collapse.
Thank you so much for your help, I asked you because some people say that IRCC officers have secret regulations and policies regarding the processing of applications, may I ask you if you don't mind if it's true or not ?
 

Bornlucky

Hero Member
May 15, 2018
687
533
Thank you so much for your help, I asked you because some people say that IRCC officers have secret regulations and policies regarding the processing of applications, may I ask you if you don't mind if it's true or not ?
Some people say a lot of things. It isn't true.

H&C decision-making is based upon policy, jurisprudence and the quality of the evidence provided by the applicant. It's already sufficiently complicated without introducing any agenda of any sort.

H&Cs only became a part of legislation with IRPA because the Minister's office couldn't direct the approval of an H&C application - only officers held that authority before IRPA. They'd be thanked for their input and reminded that they're toothless.

If you knew how temporary leadership is; how unpredictable funding can be, and how utterly unwelcome secrets agendas would be greeted by this large group then you'd rest better.

Officers arrive, put their lunches in the office fridge and sip their coffee and review the application before them. They LIKE their independence and the easiest path for them is to do a thorough review and make a reasonable decision that won't be returned by the courts. Their managers review their productivity statistics and see how well their decisions fair in court.

Applicants seem to either praise God or damn their lawyers after the decision.
 

Almas90

Member
Feb 27, 2020
17
5
Hi everyone, i applied in May 2022, i have came to Canada in 2021 November and its my First application. I see here many who have May 2022 timeline are getting their AIPs, i wanted to ask what are my chances of getting AIP as i have not lived in canada from long time. I have not recieved anything since i applied.
 

Almas90

Member
Feb 27, 2020
17
5
And i wanted to ask when can i get work permit? Do i have to apply for work permit after getting AIP or i can apply for it while my file is still in process ?
 

stallion1982

Star Member
Mar 31, 2023
118
84
Hi everyone, i applied in May 2022, i have came to Canada in 2021 November and its my First application. I see here many who have May 2022 timeline are getting their AIPs, i wanted to ask what are my chances of getting AIP as i have not lived in canada from long time. I have not recieved anything since i applied.
Hey, what are your basis of H&C and did you apply yourself or used the services of Lawyer/consultant?
 
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scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
And i wanted to ask when can i get work permit? Do i have to apply for work permit after getting AIP or i can apply for it while my file is still in process ?
You need to wait until you have AIP before you can apply for a work permit.
 
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scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
I applied for my Work Permit on March 1st 2023, while still waiting for Stage 1 and my Work Permit got approved and mailed to me on the 24th May 2023.
Are you a failed refugee claimant who then applied for H&C? If so, that is why.

Person I responded to applied directly for H&C (based on what I can see) and wouldn't qualify for a WP until AIP.
 

scylla

VIP Member
Jun 8, 2010
95,878
22,134
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
Hi everyone, i applied in May 2022, i have came to Canada in 2021 November and its my First application. I see here many who have May 2022 timeline are getting their AIPs, i wanted to ask what are my chances of getting AIP as i have not lived in canada from long time. I have not recieved anything since i applied.
It's not possible to comment on your chances without knowing more detailed information about your case and H&C claim.