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

[Ajakarian17]

Did you ha

I am from Jamaica. I applied for Refugee in 2017 and got refused 2019. I showed how hard it is in my country for young adults to get jobs and the crime rate alone with all my children reports principal letter and programs they are in. Letter from my church. Job letter and 4letters from friends and my kids has siblings here. Letter from there parents talking about the bond they have.

do you worked here or studied any cours ? Do you have family ties ? Did your lawyer write an explanatory letter about your case ? Did you put articles to prove criminality or any other bad conditions in your home country ?
What do you mean by children reports ? Reports from doctors or social workers ?
Did you put same arguments like criminality in your asylum ?

 

[grahs1994]

Did you ha
do you worked here or studied any cours ? Do you have family ties ? Did your lawyer write an explanatory letter about your case ? Did you put articles to prove criminality or any other bad conditions in your home country ?
What do you mean by children reports ? Reports from doctors or social workers ?
Did you put same arguments like criminality in your asylum ?

Only my children here. Children reports means school reports. I have been working since I got work permit in 2017. No ntn from asylum case. Just arguments about the criminality in my country. To be honest I feel my lawyer is the one that made me get this. I don't think is explanation letter was good.

 

[Ajakarian17]

Only my children here. Children reports means school reports. I have been working since I got work permit in 2017. No ntn from asylum case. Just arguments about the criminality in my country. To be honest I feel my lawyer is the one that made me get this. I don't think is explanation letter was good.

He did not put any articles about your country situation and hardship ?
Do you have any pictures for you with your friends and your kids here ?

 

[grahs1994]

He did not put any articles about your country situation and hardship ?
Do you have any pictures for you with your friends and your kids here ?

It does not seems so. Yes alot of pictures. Even school and program pics.

 

[canuck78]

I am from Jamaica. I applied for Refugee in 2017 and got refused 2019. I showed how hard it is in my country for young adults to get jobs and the crime rate alone with all my children reports principal letter and programs they are in. Letter from my church. Job letter and 4letters from friends and my kids has siblings here. Letter from there parents talking about the bond they have.

What was your status before 2017? How long had you been out of Jamaica before applying for asylum? What were your grounds for asylum? Except for very specific circumstances like being part of the LGBTQ+ community it is difficult to get asylum from Jamaica.

 

[grahs1994]

What was your status before 2017? How long had you been out of Jamaica before applying for asylum? What were your grounds for asylum?

Been out of Jamaica for now 9years and I was out of status unit I applied for Asylum in 2017. My argument was made on Risk of my life base on Voilence

 

[Ajakarian17]

It does not seems so. Yes alot of pictures. Even school and program pics.

Ok i see, you should change your lawyer, he did not send proofs about your arguments, I also think he didn’t write good explanatory letter because he must write with good details and proofs from articles and law paragraphs, I don’t understand why you lived all this years with this situation and without status ? You must send more proofs for establishment like letter to prove that you have rent paying hydro or wifi, volunteer if you want, letter from you and your kids to prove your attachment to Canada and why you Cant go back to your country and you projects that you want to realize. of course with articles to explain situation in your country not just criminality, but also education and healthcare service etc...., and reports from gouvernement and association about Jamaica and bad situation there, letter from mental health specialist to demonstrate consequences for your mental conditions,
Apply for officer notes to have more details about his decision.
Don’t lose hope you will get it soon

 

[canuck78]

Been out of Jamaica for now 9years and I was out of status unit I applied for Asylum in 2017. My argument was made on Risk of my life base on Voilence

This is one of the problems. It sounds like you arrived as a visitor 9 years ago and remained out of status until something prompted you to file for asylum. Was there a reason you applied for asylum after 6 years? Applying for asylum after being out of a country for such a long time is difficult unless there are conditions like a war in your home country. Do you have proof of contributing to the economy even if it was illegally all these years? Have you ever received welfare? Do you have medical debt? In other examples of longterm stays most had been working or studying legally for a good portion of their time in Canada.

 

[canuck78]

Ok i see, you should change your lawyer, he did not send proofs about your arguments, I also think he didn’t write good explanatory letter because he must write with good details and proofs from articles and law paragraphs, I don’t understand why you lived all this years with this situation ? You must send more proofs for establishment like letter to prove that you have rent paying hydro or wifi, volunteer if you want, letter from you and your kids to prove your attachment to Canada and why you Cant go back to your country and you projects that you want to realize. of course with articles to explain situation in your country not just criminality, but also education and healthcare service etc...., and reports from gouvernement and association about Jamaica and bad situation there, letter from mental health specialist to demonstrate consequences for your mental conditions,
Apply for officer notes to have more details about his decision.
Don’t lose hope you will get it soon

A psychologist or physician is not going to give you a letter saying that moving would be detrimental unless they have treated you longterm and you have a longterm mental health treatment record that indicates moving could actually be detrimental. They may write a letter about how moving could potentially influence your mental state but that could be said for anyone and isn’t very helpful. You need very specific examples of reasons why you can’t move with solid evidence of longterm treatment in Canada when it comes to medical issues.

It sounds as though you may have had children from different partners. Do you have a support orders in place as part of the proof of how you’ll be able to support yourself. If you are still with one of these partners can they not sponsor you?

 

[Katayoon]

Been out of Jamaica for now 9years and I was out of status unit I applied for Asylum in 2017. My argument was made on Risk of my life base on Voilence

Try to gather new evidence and reapply. Next agent will be more compassionate - fingers crossed. My partner got AIP from 3rd attempt only.

 

[grahs1994]

Ok i see, you should change your lawyer, he did not send proofs about your arguments, I also think he didn’t write good explanatory letter because he must write with good details and proofs from articles and law paragraphs, I don’t understand why you lived all this years with this situation and without status ? You must send more proofs for establishment like letter to prove that you have rent paying hydro or wifi, volunteer if you want, letter from you and your kids to prove your attachment to Canada and why you Cant go back to your country and you projects that you want to realize. of course with articles to explain situation in your country not just criminality, but also education and healthcare service etc...., and reports from gouvernement and association about Jamaica and bad situation there, letter from mental health specialist to demonstrate consequences for your mental conditions,
Apply for officer notes to have more details about his decision.
Don’t lose hope you will get it soon

I won't...I need this for my kids. My country is nowhere safe to grow children

 

[canuck78]

Try to gather new evidence and reapply. Next agent will be more compassionate - fingers crossed. My partner got AIP from 3rd attempt only.

Having a longterm partner who is Canadian is a major difference between your applications unless there is a longer partner/spouse in this situation that hadn't been mentionned and that can't sponsor for some reason.

 

[Ajakarian17]

A psychologist or physician is not going to give you a letter saying that moving would be detrimental unless they have treated you longterm and you have a longterm mental health treatment record that indicates moving could actually be detrimental. They may write a letter about how moving could potentially influence your mental state but that could be said for anyone and isn’t very helpful. You need very specific examples of reasons why you can’t move with solid evidence of longterm treatment in Canada when it comes to medical issues.

It sounds as though you may have had children from different partners. Do you have a support orders in place as part of the proof of how you’ll be able to support yourself. If you are still with one of these partners can they not sponsor you?

Yes i totally agree, some people consult a mental health they consult for once or twice but that may not help as I have seen cases where the file was refused because the agent did not give too much importance to letters from social workers or psychologists.
it must be proved that it is a therapy and that the applicant consults frequently.
for the second question I think it is not intended for me

 

[Ajakarian17]

I won't...I need this for my kids. My country is nowhere safe to grow children

This is a good H&c argument for exemple but of course you must prove it as I said by articles, reports etc...about your home country and life conditions

 

[canuck78]

I won't...I need this for my kids. My country is nowhere safe to grow children

If your children are Canadian then they will always have the opportunity to return to Canada at 18. Your situation is very complex and we have very little information about your case including how you supported yourself and children for 6 years before applying for asylum and after applying for asylum, assume you accessed healthcare and whether you have medical debt, whether you ever received welfare, how long you have worked, whether your current income could support your family if you were granted PR, etc. Why you filed for asylum after 6 years and not right after arriving in Canada if your life was at risk, etc. Unfortunately some people fo claim asylum to delay removal or to access a WP. Was the asylum claim prompted by contact with CBSA or did a professional suggest applying? Could go on. It sounds as though your children are relatively young and they speak English in Jamaica so the argument will be that relocating to Jamaica will not affect their schooling or ability to integrate into society. Do you have close family in Canada or are they mostly in Jamaica? Think your biggest argument could be the involvement of fathers in their childrens lives if they are Canadian. Do you live with their father? Do the fathers have regular contact if you are separated? If they have weekly scheduled visitation or shared custody and pay child support that would be even better. Seeing half or step siblings is nice but not breaking up an ongoing relationship with a father who currently plays an active role in their child's life is a much better argument. Were the father's involvement in their child's lives with proof of current involvement and support in your first H&C?