REFUGEE CLAIM REJECTED

[Meenah94]

Hi everyone,I’m a refugee claimant who came to Canada in 2017,I went for my hearing in March 2020 and I received my notice of decision in July 2020 which was negative.

I’m in the process of appeal but I want to know what other options I can consider while waiting for the appeal result.I am 26yrs old,female and single,am I eligible for humanitarian & compassionate?

My employer would also like to sponsor me,is it possible in my situation?

 

[scylla]

Hi everyone,I’m a refugee claimant who came to Canada in 2017,I went for my hearing in March 2020 and I received my notice of decision in July 2020 which was negative.

I’m in the process of appeal but I want to know what other options I can consider while waiting for the appeal result.I am 26yrs old,female and single,am I eligible for humanitarian & compassionate?

My employer would also like to sponsor me,is it possible in my situation?

Sorry to hear about your refusal.

Unfortunately sponsorship through your employer isn't possible since you are classified as being out of status in Canada so a work permit and/or PR through an economic immigration stream isn't possible.

You can certainly appeal the decision.

Applying through H&C has specific requirements as is relates to your refugee claim. You can find this information here:

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

See the section titled: People who have made a refugee claim

It's about half way down the page.

 

[Buletruck]

Unless you meet one of the exemptions, you aren’t eligible to apply for H&C for 12 months. I believe that applies after a refused appeal.

 

[kial]

H&C is the last chance you get to stay in Canada.However, you are not eligible if you have outstanding case ''in process''whether appealing or federal court. secondly you have to pass the 12 months period after last refusal decision to be able to apply for H&C.Also you have to consider that nowadays h&c application takes up to 3 years to get negative or positive answer.

Good Luck!

 

[Meenah94]

Thanks for the reply everyone.

 

[Meenah94]

Sorry to hear that what country are you from what was the reason for rejection? you may have it from the letter

I’m from Nigeria and the claim was rejected based on credibility.

 

[segpresto]

I’m from Nigeria and the claim was rejected based on credibility.

It can be tough. My claim was also rejected all the way to Judicial Review. Do your level best turn your case around for the appeal...you need a good lawyer who can work with you hand in hand. Be optimistic and prepare yourself. I think you can work during appeal process( you have to apply) I had to OWP! And you'll have to wait one year bar for HCG after rejection.

 

[segpresto]

Unless you meet one of the exemptions, you aren’t eligible to apply for H&C for 12 months. I believe that applies after a refused appeal.

 

[segpresto]

I can apply for HCG now but I was making use of my open work permit and I'm currently trying to finish applying for 3rd year OWP renewal. When is the best time to apply for PR? Should I wait after using my 3rd year work permit or now or apply HCG?

 

[canuck78]

I can apply for HCG now but I was making use of my open work permit and I'm currently trying to finish applying for 3rd year OWP renewal. When is the best time to apply for PR? Should I wait after using my 3rd year work permit or now or apply HCG?

Think you mean H&C. How do you qualify for PR?

 

[segpresto]

Think you mean H&C. How do you qualify for PR?

Yes thank you

 

[Anita670]

Hi everyone,I’m a refugee claimant who came to Canada in 2017,I went for my hearing in March 2020 and I received my notice of decision in July 2020 which was negative.

I’m in the process of appeal but I want to know what other options I can consider while waiting for the appeal result.I am 26yrs old,female and single,am I eligible for humanitarian & compassionate?

My employer would also like to sponsor me,is it possible in my situation?

Hi there, how was your appeal results? I am also in the same boat except I don't even have a lawyer. I will file a notice of appeal next week. I am also from Africa and can't go back due to the dangers I will face but I couldn't convince the RPD member. I hope things worked out for you.

 

[mrs waseem]

Dear I was in similar situation
In November.
I got refusal too.infact I couldn't get chance only option to proceed for federal for judicial review

 

[Meenah94]

Hello,it’s sad but we have to stay positive and hopeful,I’m still waiting for a decision on my appeal.I wish you all the best.

 

[Nohomeboy]

Dear I was in similar situation
In November.
I got refusal too.infact I couldn't get chance only option to proceed for federal for judicial review

Why were u rejected?