Good Evening Experts
I am seeking advice regarding a situation with a friend who received an H&C refusal today. The reason for the refusal is as follows:
"All factors that you cited in your application were considered. An officer determined that they are not sufficient for you to be granted an exemption on humanitarian and compassionate grounds. Therefore, your application for permanent residence from within Canada on humanitarian and compassionate grounds is refused."
I would like to know what the next steps are for my friend. Specifically, is it possible to appeal this decision, or would it be possible to request a reconsideration?
Your guidance and support in this matter would be greatly appreciated.
Thank you in advance for your time and assistance.
Hello,
The first step for any H&C refusal is to write a simple e-mail to them asking for the "reasons." I don't know the email address.
The reasons have to be read for any second step to be considered, but if it's reconsideration then you have to identify where the officer got it wrong. Simply asking them to turn "no" into "yes" won't do. You are trying to convince them to correct themselves, so I'd say if the officer misquoted something, or made some mistake that if seen properly would cause the decision-maker to alter the decision - that's what will be effective.
Any decision by any Federal entity can have that decision appealed before the Federal Court of Canada if the court will grant leave to hear the appeal.
So, somehow someone has to pick the decision apart to see what is unreasonable about it as that's the threshold for decision-making on H&C applications -
reasonableness.
And you can't determine that without the written reasons.