Judicial Review on H and C and more

[ttpp59]

Hello,

I am a dire situation that would love to hear some advice on the matters.

I applied H&C for my mom in 2023 through a lawyer. Recently, we received the news of our application being refused and we're heading towards the Judicial review route hoping to overturn the decision.

My question/concern is : in case my judicial review is denied/unsuccessful, can we apply for a new H & C application with a different lawyer? And how long would that take (I would assume faster since the information is already in the system).

I would love to hear more from people who has encountered similar situation.

Thank you so much.

 

[Naturgrl]

Calculating the 12-month bar
The 12 month bar takes effect on the day the negative decision is made at the RPD (if there is no appeal and no application for leave and judicial review), including the day the claim is determined to be withdrawn after substantive evidence has been heard or abandoned. In cases where there has been an appeal or an application for leave and judicial review of the decision, the bar takes effect on the date of the latest decision from the RPD, RAD or Federal Court. The bar is in effect until the 1 year anniversary of the decision.

Changing lawyer doesn’t change the bar. Processing is not expedited so look at current processing times. Having information already in the system is not relevant. If JR is refused, then you wait 12 months.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html#12-month

 

[canuck78]

People need to realize that the bar for H&C for parents is going to get much stricter because so many people have decided that PGP is taking too long and are using the H&C system as a replacement . Filing an H&C doesn’t give someone status in Canada. Filing for H&C for parents also has significant risk because it shows IRCC that your parents want to become PRs and may lead to overstays of visas. That would make visiting in the future much more difficult.

 

[Copingwithlife]

Hello,

I am a dire situation that would love to hear some advice on the matters.

I applied H&C for my mom in 2023 through a lawyer. Recently, we received the news of our application being refused and we're heading towards the Judicial review route hoping to overturn the decision.

My question/concern is : in case my judicial review is denied/unsuccessful, can we apply for a new H & C application with a different lawyer? And how long would that take (I would assume faster since the information is already in the system).

I would love to hear more from people who has encountered similar situation.

Thank you so much.

Why would getting a different lawyer help you ?

The facts presumably presented during the first H&C would be the same

As well . This is why the SuperVisa was concocted

 

[scylla]

Hello,

I am a dire situation that would love to hear some advice on the matters.

I applied H&C for my mom in 2023 through a lawyer. Recently, we received the news of our application being refused and we're heading towards the Judicial review route hoping to overturn the decision.

My question/concern is : in case my judicial review is denied/unsuccessful, can we apply for a new H & C application with a different lawyer? And how long would that take (I would assume faster since the information is already in the system).

I would love to hear more from people who has encountered similar situation.

Thank you so much.

Post to the Refugee / Asylum section of the forum. You should assume the second application will not be processed faster. It will be assessed as a new application by IRCC.