Humanitarian and Compassionate Arguments to overcome inadmissibility!

[vensak]

Hi - could you please provide the source for asserting that the approval rate for inland H&Cs are "rather low?" Thanks in advance.

Here we go:
1. statistics of the all admissions rates in 2017

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/pub/annual-report-2017.pdf

From which all H&C accepted immigrants were 3913 people (attention those are not approved application as you can have more than 1 person on one application).
That also includes H&C cases where people did not meet their RO requirement, H&C for spouses and children or parents.

Now here is the part of the statistics about appeals.

http://www.irb-cisr.gc.ca/Eng/ImmApp/stats/Pages/index.aspx

What Is a bit problematic, is to distinguish between H&C cases and others.

From this one it is visible, that the highest success rates have sponsorships appeals. (app. 40%)

Removal orders (including refugee removal orders) have app. 20% success rate. bear in mind that they do also include removal order for those that did not meet RO criteria.
This data also contains mix of standard appeal and H&C appeals (which are usually last resort).

So the reality of H&C approvals for refugees lies somewhere between 10 and 20%.

In some cases people will reconsider and withdraw their appeal and in others they will just abandon it. (many of which are appeals without much chance for success).

 

[Bornlucky]

Here we go:
1. statistics of the all admissions rates in 2017

https://www.canada.ca/content/dam/ircc/migration/ircc/english/pdf/pub/annual-report-2017.pdf

From which all H&C accepted immigrants were 3913 people (attention those are not approved application as you can have more than 1 person on one application).
That also includes H&C cases where people did not meet their RO requirement, H&C for spouses and children or parents.

Now here is the part of the statistics about appeals.

http://www.irb-cisr.gc.ca/Eng/ImmApp/stats/Pages/index.aspx

What Is a bit problematic, is to distinguish between H&C cases and others.

From this one it is visible, that the highest success rates have sponsorships appeals. (app. 40%)

Removal orders (including refugee removal orders) have app. 20% success rate. bear in mind that they do also include removal order for those that did not meet RO criteria.
This data also contains mix of standard appeal and H&C appeals (which are usually last resort).

So the reality of H&C approvals for refugees lies somewhere between 10 and 20%.

In some cases people will reconsider and withdraw their appeal and in others they will just abandon it. (many of which are appeals without much chance for success).

This is quite a muddle and I don't think that this helps people to decide whether or not to apply for an inland H&C. "H&C Appeals" sounds like there is an appeal mechanism, for example, but the reality is that there are H&C considerations built into the Appeals process (it cannot be "applied for" but is instead "applied to the Appeal" of a loss of status).

Saying that the approval rate for refugees for an inland H&C at stage 1 (what I assume most failed claimants are interested in) cannot be identified with these stat's or even reasonably guessed at for those looking to apply inland.

I applaud your effort but I don't think that you can reasonably offer any approval rate for the very specific inland, H&C stage 1 approvals as they pertain to failed claimants. I will even go out on a limb and say that failed claimants can often have:

lengthy establishment factors
best interests of children (Cdn citizens too)
worsening country conditions since claim decision
other hardships not amounting to persecution
commitments within their communities and letters of support
employers' support

Failed claimants shouldn't be dissuaded or discouraged from applying for an inland H&C, and approval rates (whatever they may be) shouldn't replace getting good advice from a professional immigration practitioner. No disrespect intended because you've worked at trying to reason out an unreported stat.

 

[Xoxo2018]

Hello guys I’m hoping some one would reply me.

So my mother is in Canada right now. Her visitors visa expire on sept 12 and she has to return to Fiji. I want to apply for her Humanitarian visa. As she is alone back home. My dad past away long ago and she does not even work. Both her daughters are here in Canada.

We have applied for her police clearance but it would take around six weeks. Can I jus apply before she returns in sept 12 and jus give the police report once I get it.

Thank you

 

[Wonderland_1010]

Hello guys I’m hoping some one would reply me.

So my mother is in Canada right now. Her visitors visa expire on sept 12 and she has to return to Fiji. I want to apply for her Humanitarian visa. As she is alone back home. My dad past away long ago and she does not even work. Both her daughters are here in Canada.

We have applied for her police clearance but it would take around six weeks. Can I jus apply before she returns in sept 12 and jus give the police report once I get it.

Thank you

You can always start her H&C application anytime and also the police won't give the police certificate to you. Apparently its confidential information to applicants so the police will mail out the certificate on your behalf to the address of the Canadian consulate you will give them.

 

[Wonderland_1010]

How old is your mother? I don't think her H&C application would be easily approved unless you can prove to IRCC that she will face difficulty living by herself in Fiji.

 

[Xoxo2018]

hi... she is 70 years old. there is hardly any families in Fiji. we are two sisters both married and living here in Canada.

 

[Wonderland_1010]

hi... she is 70 years old. there is hardly any families in Fiji. we are two sisters both married and living here in Canada.

Then i would suggest getting an experienced immigration lawyer who deals with H&C applications. But have you looked into family sponsorship? If you make enough income, you can apply for sponsor your mother. Although the system is changed to lottery so chances are 50/50.

 

[Xoxo2018]

Then i would suggest getting an experienced immigration lawyer who deals with H&C applications. But have you looked into family sponsorship? If you make enough income, you can apply for sponsor your mother. Although the system is changed to lottery so chances are 50/50.

I did talk to an immigration lawyer actually he is the one who got her super visa. So he suggested I apply for humanitarian visa. My yearly income for the past three years are not enough for other visa application.

 

[Wonderland_1010]

I did talk to an immigration lawyer actually he is the one who got her super visa. So he suggested I apply for humanitarian visa. My yearly income for the past three years are not enough for other visa application.

It doesn't have to be your own income. Your spouse can also include their income into yours. So on your mother's application would show the total income of you and your spouse.

 

[kimbaje]

Greetings,
My PR application under H&C ground is almost completed. Now IRCC asked me submit police clearance certificate from UAE which I am unable to obtain due to a CIVIL case pending on me ( even it is a civil case, we won't be able to get a PC from UAE). What is the option for me now? I have been living in Canada since 2017 ( completed 5.5 years). Should this be considered my deemed rehabilitation with good character? My whole family is nervous about this. Kindly guide me please
Thanks

 

[scylla]

Greetings,
My PR application under H&C ground is almost completed. Now IRCC asked me submit police clearance certificate from UAE which I am unable to obtain due to a CIVIL case pending on me ( even it is a civil case, we won't be able to get a PC from UAE). What is the option for me now? I have been living in Canada since 2017 ( completed 5.5 years). Should this be considered my deemed rehabilitation with good character? My whole family is nervous about this. Kindly guide me please
Thanks

I would recommend you speak with an immigration lawyer and get a consult on this matter.

To the best of my knowledge the PCCs must be provided for the application to move forward. For this reason I would very strongly advise you get assistance from an immigration lawyer (NOT a consultant) to write a response to IRCC regarding why the PCC cannot be obtained and to request an exemption. I don't know if it's possible but you need to try.

Deemed rehabilitated only applies in scenarios where the court case has been completed / decided, any fines / penalty also completed, at at least 5 years have passed since all penalties were completed. So this doesn't apply to your case since your case is still ongoing.

 

[kimbaje]

I am not able to take a decision how to proceed. Do you know any good immigration lawyer in Canada? Everyone seems to be good but don't want to take a chance getting rejection on my PR. Please help me

 

[scylla]

I am not able to take a decision how to proceed. Do you know any good immigration lawyer in Canada? Everyone seems to be good but don't want to take a chance getting rejection on my PR. Please help me

I'm not sure it's possible to completely eliminate any risk of rejection. There is still going to be some risk of rejection no matter what you do.

I don't have a lawyer to recommend. However this forum is paid for by an immigration lawyer and you can try reaching out to them for a consultation. Click on the "cohen immigration law" at the top of the page to see their contact info. Good luck.