negative refugee hearing

[RAM88]

i am an asylum seeker (stateless) since may 2017 with 2 kids (one of them is canadian and both under 18). my hearing was on Aug 2018 and the member was really harsh and unfair . I got a negative NOD this Sep .i have few questions .
1- can i apply for judicial review and H&C at the same time? if not which one is better for my situation?
2_how long the judicial review process would take ?

thanks

 

[carolbb23]

i am an asylum seeker (stateless) since may 2017 with 2 kids (one of them is canadian and both under 18). my hearing was on Aug 2018 and the member was really harsh and unfair . I got a negative NOD this Sep .i have few questions .
1- can i apply for judicial review and H&C at the same time? if not which one is better for my situation?
2_how long the judicial review process would take ?

thanks

with h and c approval rates are low

 

[Buletruck]

Judicial review will only review whether the decision is valid in law. They won’t consider the grounds you applied under, only the processes and procedures IRCC used to determine their finding. The member being harsh and unfair is subjective, so a vapid making claims that can’t be substantiated.
You can apply for H&C given you have children. Again, they won’t consider your refugee grounds as part of the application for H&C. You will need to identify unusual and extenuous circumstances for you to be granted Permenent residency.
Also keep in mind that applying for either JR or H&C does not guarantee that you won’t be removed from Canada during the process.

 

[RAM88]

so its better to go for the judicial review even with having two kid

Judicial review will only review whether the decision is valid in law. They won’t consider the grounds you applied under, only the processes and procedures IRCC used to determine their finding. The member being harsh and unfair is subjective, so a vapid making claims that can’t be substantiated.
You can apply for H&C given you have children. Again, they won’t consider your refugee grounds as part of the application for H&C. You will need to identify unusual and extenuous circumstances for you to be granted Permenent residency.
Also keep in mind that applying for either JR or H&C does not guarantee that you won’t be removed from Canada during the process.

thanks for your reply
1-so i cant apply for judicial review and H&C at the same time?
2-what about ignoring and questioning documents in the hearing submitted by me , although these documents are from official organizations and consulate! would they take this point under consideration in my judicial review?
can i do anything regarding my removal order? when i received my NOD i didn't receive any removal order notice.

thanks

 

[Buletruck]

Judicial review will also depend on whether the courts accept your application. There is nothing that says they have to accept it. They may just refuse to hear it outright. You will also need a lawyer. When did you recieve you NOD? You only have 15 days after receiving that decision to apply for JR. being as it’s october 14, you may have missed that window of opportunity.
As noted previously, for H&C, they will not consider any of your claims of persecution, cruel or unusual punish,ent, risk of torture etc. It’s soley based on extenuating circumstances and, in your case, adverse affects on the children. Having a Canadian child won’t necessarily prevent a negative finding.
As for the removal order, that is one of the first documents you sign as a refugee claimant, and is already in force from the date of you NOD.

 

[RAM88]

Judicial review will also depend on whether the courts accept your application. There is nothing that says they have to accept it. They may just refuse to hear it outright. You will also need a lawyer. When did you recieve you NOD? You only have 15 days after receiving that decision to apply for JR. being as it’s october 14, you may have missed that window of opportunity.
As noted previously, for H&C, they will not consider any of your claims of persecution, cruel or unusual punish,ent, risk of torture etc. It’s soley based on extenuating circumstances and, in your case, adverse affects on the children. Having a Canadian child won’t necessarily prevent a negative finding.
As for the removal order, that is one of the first documents you sign as a refugee claimant, and is already in force from the date of you NOD.

I have a lawyer and still have two days left. My lawyer watned to go for an appeal but i insisted that i want JR coz i read that the appeal process could take few years . Im afraid that i made the wrong decision.
Please i need to know if i can apply for JR and H&C at the same time???

 

[Buletruck]

You should go for the appeal. JR may be rejected because you haven’t exhausted the process of appeals. If you have a case before IRB, you can’t apply for H& C. If IRB refused your refugee claim, the RAD will likely move quickly to review the appeal.

 

[GodWin4ever]

Go for RAD then wait one year widow to pass to be able to apply for H&C.

You able to apply for H&C after one year pass since the date you received negative decision from RPD

 

[RAM88]

Go for RAD then wait one year widow to pass to be able to apply for H&C.

You able to apply for H&C after one year pass since the date you received negative decision from RPD

But i know that i can apply immediately for h&c bc i have kids under 18 years

 

[Buletruck]

You able to apply for H&C after one year pass since the date you received negative decision from RPD

OP doesn’t have to wait for the one year bar to pass. They meet the exemption requirements. And even after the RAD decision, you would need to avoid the removal order, which likely wouldn’t happen. CBSA would probably move quickly to remove you.

 

[mingota19]

Go for RAD then wait one year widow to pass to be able to apply for H&C.

You able to apply for H&C after one year pass since the date you received negative decision from RPD

what will be your grounds for humanitarian and compassion ? having a canadian child isnt a ground . you need to demonstrate exceptional circumstances to apply.you are only one year in Canada .I assume no strong ties to the country . think wisely

 

[RAM88]

OP doesn’t have to wait for the one year bar to pass. They meet the exemption requirements. And even after the RAD decision, you would need to avoid the removal order, which likely wouldn’t happen. CBSA would probably move quickly to remove you.

Im stateless where they will deport me??

 

[RAM88]

what will be your grounds for humanitarian and compassion ? having a canadian child isnt a ground . you need to demonstrate exceptional circumstances to apply.you are only one year in Canada .I assume no strong ties to the country . think wisely

Best interests of the children. And i have a canadian sister and cousins .how many years should i stay in order to apply for h&c?

 

[canuck78]

Im stateless where they will deport me??

You can remain in limbo in Canada as a stateless individual. Although there is the best interest of the child rule, arriving while pregnant in Canada can be viewed as intentionally trying to have a Canadian child for your benefit. I assume you are Palestinian. How did you get a TRV if you were stateless and had so many family members in Canada?

 

[Bornlucky]

with h and c approval rates are low

Hello, please tell us how you know that the approval rates for H&Cs are low and then support it with some evidence. Otherwise, please stop saying that the approval rates are low when you have absolutely no idea what the approval rate may actually be. Would this be something that you could do?