Refugee case was withdrawn h&c case was submitted

[Arta2011]

Hello all

i withdraw my refugee case and apply for H&C at same time, because my establishment is strong(8 years) in Canada. After 4 months since i withdrew refugee case i receive call from cbsa for interview and i get date when i have to leave country (example august 1st). when i have to ask for deferral , when i have to appeal removal order?(i get conditional removal order as is apply for refugee but did't get any other one so when i receive removal order?) do i receive removal order befor leaving date( august 1st) or what please advice

 

[PMM]

Hi

Hello all

i withdraw my refugee case and apply for H&C at same time, because my establishment is strong(8 years) in Canada. After 4 months since i withdrew refugee case i receive call from cbsa for interview and i get date when i have to leave country (example august 1st). when i have to ask for deferral , when i have to appeal removal order?(i get conditional removal order as is apply for refugee but did't get any other one so when i receive removal order?) do i receive removal order befor leaving date( august 1st) or what please advice

1. Your removal order has now become effective, once you withdrew your refugee claim.
2. You can ask for a removal deferral,but an H&C application, doesn't necessarily stop the removal.

 

[Arta2011]

Does anybody know processing time. exmpl. removal dedline august 1st
When is time ask for deferral ?
When is time appeal removal order?
my H&C application based on business and establishment if I will leave country everything losing sentence (I mean business, property, employees )
does it reasonable case for federal court?

 

[Arta2011]

P.S I choice date by myself and already brought tickets by myself and family. I cooperate with cbsa as much as possible. H&C application procesing confirmed 8months ago.

 

[jddd]

Does anybody know processing time. exmpl. removal dedline august 1st
When is time ask for deferral ?
When is time appeal removal order?
my H&C application based on business and establishment if I will leave country everything losing sentence (I mean business, property, employees )
does it reasonable case for federal court?

How did you first enter Canada? If you only had a temporary visa (work permit, tourist, student) then why would you establish a business and property here? This shows IRCC that you never intended to follow the rules of your temporary stay because you are establishing a permanent life while not having the right to live here.

This is what I think the IRCC will question you on.

 

[Arta2011]

I ask for refugee protection inside canada was waiting for hearing 7 years and then was tired of waiting and apply for h&c

 

[jddd]

I ask for refugee protection inside canada was waiting for hearing 7 years and then was tired of waiting and apply for h&c

So how did you first enter Canada? What kind of visa did you have?

 

[Arta2011]

I come as a tourist form my country don’t need visa to visit Canada just take passport and fly here

 

[jddd]

I come as a tourist form my country don’t need visa to visit Canada just take passport and fly here

Ok so my comment remains the same in terms of not planning to abide by the rules of how long a tourist is supposed to stay here. Also, if you come from a visa exempt country, it means that country is quite stable. I don’t see any hardship if you have to sell your property and wind up your business to move back to your country. As for your employees, their hardship is not your hardship. Who’s to say they cannot get employment somewhere else?

Note that I don’t know your full story though. These are just things IRCC will also consider.

 

[Arta2011]

Tourist can remain 6 month. So my question still remain about timeframes.
My arriving to Canada circumstances was like that because I didint have Time for applications outside country. But during 7 years lots of thing changes. That why I apply for H&C . And I need win some time for that application. Only reason why I canceled refugee because cic notifies my that they can’t process h&c till have pending refugee case

 

[canuck78]

Tourist can remain 6 month. So my question still remain about timeframes.
My arriving to Canada circumstances was like that because I didint have Time for applications outside country. But during 7 years lots of thing changes. That why I apply for H&C . And I need win some time for that application. Only reason why I canceled refugee because cic notifies my that they can’t process h&c till have pending refugee case

You really should have consulted an immigration lawyer. By withdrawing your asylum claim you open yourself up to removal.

 

[jddd]

Like canuck78 said, you’ve already opened yourself up to removal. Your H&C application will still be processed even if you are removed.

 

[Arta2011]

I didint have choice we with council decide to do that. I just wandering does someone face similar problem and can share their departure order appeal experience and and under what circumstances judge remain you to stay

 

[canuck78]

I didint have choice we with council decide to do that. I just wandering does someone face similar problem and can share their departure order appeal experience and and under what circumstances judge remain you to stay

Your lawyer clearly doesn’t feel that your grounds for asylum aren’t good or are no longer relevant 7 years later. You’ll also have to worry about your work permit running out and healthcare. If you do come from a visa free country he/she is likely right.

 

[Arta2011]

that is main thing what im not understand work permint getting extended every year and Ontario health card following work permit. yes your right after 7 years of waiting asylum wont be that strong as was on arrival. that why I decide to turn H&C way its much more elements what can support case.