Should I make an asylum application or a 'Humanitarian & Compassionate' application?

[Ruffian2000]

I have a certain (non-physical) disability which is NOT considered a disability in my home country, but it is considered a disability in Canada. Which means I am technically a part of a protected class here.

This disability makes it very difficult to find employment. But I have worked some jobs in Canada and been able to earn a decent living (all of these jobs were low skilled jobs, where the disability isn't as much of an issue).

My worry is that if I return to my home country, I will be unable to secure employment. Including in low-skilled jobs because the hiring process there is not disability friendly like it is in Canada.

I initially wanted to make a H&C application, but I was wondering does this situation qualify for an asylum application? Because on the guidelines of an asylum application, it says that people who are "part of a particular social group" and are not protected by the government, might qualify. Since my disability is not legally protected by the government there, does this qualify as a valid reason?

This is a genuine question. I'm not trying to game the system. I read that the stage 1 processing times for H&C applications can be 2 years, and I don't know how I can sustain myself for that long without a job.

 

[CanGoldDigger]

You definitely cannot claim a refugee, it's not enough to be just a "part of a particular social group", you need to face a persecution for certain reasons.

And medical and employment reasons are not sufficient as well for H&C.

Sorry, just IMHO.

 

[Copingwithlife]

I have a certain (non-physical) disability which is NOT considered a disability in my home country, but it is considered a disability in Canada. Which means I am technically a part of a protected class here.

This disability makes it very difficult to find employment. But I have worked some jobs in Canada and been able to earn a decent living (all of these jobs were low skilled jobs, where the disability isn't as much of an issue).

My worry is that if I return to my home country, I will be unable to secure employment. Including in low-skilled jobs because the hiring process there is not disability friendly like it is in Canada.

I initially wanted to make a H&C application, but I was wondering does this situation qualify for an asylum application? Because on the guidelines of an asylum application, it says that people who are "part of a particular social group" and are not protected by the government, might qualify. Since my disability is not legally protected by the government there, does this qualify as a valid reason?

This is a genuine question. I'm not trying to game the system. I read that the stage 1 processing times for H&C applications can be 2 years, and I don't know how I can sustain myself for that long without a job.

No

“don't know how I can sustain myself for that long without a job.”

Well then you have a problem. You’d join the millions of Canadians that don’t have a job

Not getting a job in your country is a beyond ridiculous reason to claim either in Canada
And it’s an abuse of the system

 

[scylla]

This isn't grounds for a refugee application.

 

[Ruffian2000]

And medical and employment reasons are not sufficient as well for H&C.

But I've heard of successful H&C cases where there was medical treatment in Canada (for a condition that the applicant had), while there was no treatment in the applicant's home country?

 

[CanGoldDigger]

But I've heard of successful H&C cases where there was medical treatment in Canada (for a condition that the applicant had), but there was no treatment for that condition in the applicant's home country?

It can be a part of H&C, but you need more.

1. Hardships if forced to leave Canada
2. Establishment in Canada
3. Best Interests of a Child, if you have one in Canada.
4. Other Compassionate Factors

 

[Ruffian2000]

Not getting a job in your country is a beyond ridiculous reason to claim either in Canada

Its not just about the lack of a job, its being considered disabled in Canada vs not being considered disabled in home country. Also here is one example of a H&C case where a person from China was granted PR because he would ineligible for a pension in China (link at bottom of post). Which is somewhere along the lines of not being able to secure employment.

( Source: https://www.canadianlawyermag.com/p...cants-specific-realities-federal-court/382860 )

 

[scylla]

But I've heard of successful H&C cases where there was medical treatment in Canada (for a condition that the applicant had), while there was no treatment in the applicant's home country?

Yes, there are H&C cases that are sometimes successful on these grounds. BUt you were asking about a refugee claim. That's what I commented on.

 

[canuck78]

I have a certain (non-physical) disability which is NOT considered a disability in my home country, but it is considered a disability in Canada. Which means I am technically a part of a protected class here.

This disability makes it very difficult to find employment. But I have worked some jobs in Canada and been able to earn a decent living (all of these jobs were low skilled jobs, where the disability isn't as much of an issue).

My worry is that if I return to my home country, I will be unable to secure employment. Including in low-skilled jobs because the hiring process there is not disability friendly like it is in Canada.

I initially wanted to make a H&C application, but I was wondering does this situation qualify for an asylum application? Because on the guidelines of an asylum application, it says that people who are "part of a particular social group" and are not protected by the government, might qualify. Since my disability is not legally protected by the government there, does this qualify as a valid reason?

This is a genuine question. I'm not trying to game the system. I read that the stage 1 processing times for H&C applications can be 2 years, and I don't know how I can sustain myself for that long without a job.

It is taking over 2 years for an AIP decision and that is for applicants who applied in 2022/23. If you apply now and there are no reforms to H&C it could take 5+ years to get a response regarding AIP and an H&C application does not stop removal. If you do not have grounds for an asylum claim there will be longterm repurcussions in Canada and likely abroad for you and also could have travel consequences for your family so an asylum claim comes with huge risks. If proposed legislation goes through you would not qualify. You need to consult a lawyer about your situation but for many people there is no legal pathway to remain in Canada. Sadly that is just the reality and if a lawyer tells you otherwise consult another one.

 

[canuck78]

Its not just about the lack of a job, its being considered disabled in Canada vs not being considered disabled in home country. Also here is one example of a H&C case where a person from China was granted PR because he would ineligible for a pension in China (link at bottom of post). Which is somewhere along the lines of not being able to secure employment.

( Source: https://www.canadianlawyermag.com/p...cants-specific-realities-federal-court/382860 )

That doesn’t mean he was approved in the end for PR the case would be sent back for redetermination which is what results from an approved judicial review.

 

[allaliallali]

Hi could you at least tell is what condition that would help a lot to give a clear answer although you do not have to reveal identity , name etc.
i know friends who have been approved for h&c here in ontario and are able to get disabili benefits . it is a hard journey to arrive canada and you will be treated equally. plenty disabled people cant work due to their medical conditions. you are not alone in this !

 

[Ruffian2000]

Hi could you at least tell is what condition that would help a lot to give a clear answer although you do not have to reveal identity , name etc.
i know friends who have been approved for h&c here in ontario and are able to get disabili benefits . it is a hard journey to arrive canada and you will be treated equally. plenty disabled people cant work due to their medical conditions. you are not alone in this !

Mentioning the disability is a privacy risk because its somewhat of a unique disability, so can't do that. But I can work with accommodations (which don't cause any hardship to the employer). I'm not really interested in the benefits.