HUMANITARIAN AND COMPESSIONATE
- Thread starter Ciro98
- Start date
You can certainly submit a new H&C application. This won't necessarily stop the removal order. But you can certainly try applying again under H&C.
Hi, a new H&C doesn't prevent the execution of the removal order. So, without knowing anything about your situation, you start packing your bags and selling the things that you cannot take with you.
This is an anonymous site so what country would you be removed to? I'll guess that you got to Canada somehow other than with a TRV, a failed refugee claim and a PRRA?
Good luck whatever the circumstances.
If you have received a removal order, you may be able to appeal the decision to the Immigration Appeal Division (IAD) to stay in Canada.
You can submit new application with strong and supporting documents.
For the removal order you have to talk to your MP in this situation.
Hi, this must be some new authority for the Immigration Appeal Division given that historically they have had no authority whatsoever over the IRCC H&C decisions. Where did you see that this authority now exists?
Why are people appealing to the Federal Court of Canada if the IAD now has this authority?
A Member of Parliament can influence the decision to remove? What's the legal mechanism there? Are individual Canadian Members of Parliament now stronger than the legislation that they pass?
I'd really appreciate it if you could point to where these things you have mentioned are substantiated.
Thanks
An MP can’t stop a removal order. They can advocate on your behalf to IRCC and the minister. Speaking to a lawyer is a better idea. Unless you have a good reason to stop removal then there may not be anything you can do. You can ask CBSA if it may be possible to put your removal on hold until you receive the response from your H&C application. It isn’t guaranteed but certainly no harm asking. If you have a removal order please speak to a lawyer asap.
Hi again,
So, there is no new, or old, authority to appeal a negative H&C to the IAD.
It's okay to be wrong - it's complicated stuff. When I'm incorrect, I'm content to learn about it so that I don't post misleading information. I am certain that you must feel the same way too.
The IAD has no authority to reverse IRCC H&C decisions and this remains the sole authority of the Federal Court of Canada if they decide to hear the appeal.
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