humanitarian and compasionate

[Hodgealice]

hello anybody i have an urgent query please HELP!
My brother was declined asylym and advised by lawyer not to appeal with no new evidence, he has waited out his 1 year period and basically has no status in Canada and does not have a work permit is humanitarian and compassionate the best way forward for him to gain permanent residence?

 

[Buletruck]

Others can confirm, but I don’t believe he will be eligible to apply for H&C for 12 months. If you haven’t already, you should feed the following;

http://www.cic.gc.ca/english/information/applications/guides/5291ETOC.asp

In particular this;

Designated Foreign National

The Minister of Public Safety advises individuals when they become a designated foreign national.

If you are a designated foreign national, you may not apply for H&C for at least 5 years after the day of your designation, or if you are a designated foreign national and made a:

• refugee claim at the Refugee Protection Division, Immigration and Refugee Board (IRB),
• appeal to your rejected refugee claim (at the IRB’s Refugee Appeal Division), or
• application for a Pre-removal Risk Assessment,

you may not apply for at least 5 years after the date of the decision on that application or appeal.

In addition you may not apply for H&C consideration if you:

• had a refugee claim that was rejected (including claims that were abandoned) within the last 12 months by either the Refugee Protection Division or the Refugee Appeal Division of the IRB, or
• withdrew a refugee claim within the last 12 months, unless the claim was withdrawn before your hearing at the IRB.

 

[scylla]

hello anybody i have an urgent query please HELP!
My brother was declined asylym and advised by lawyer not to appeal with no new evidence, he has waited out his 1 year period and basically has no status in Canada and does not have a work permit is humanitarian and compassionate the best way forward for him to gain permanent residence?

H&C has very low approval rates. What H&C grounds would he be claiming?

If he qualifies to apply for PR through one of Canada's economic immigration programs like Express Entry - this would be the best option. Unfortunately he can't apply from within Canada since he's out of status. He would need to leave Canada and apply from outside.