H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Yes. We sent letters from friends and family and proof of community involvement. The refusal was received from Niagra office.
Sorry to hear about your refusal,did they mention anything about leaving the country in the refusal letter like you must leave Canada by this date or something?
You can request refusal notes on your own. Just send a brief letter to the office that refused your application.
Yes they did. They sent me the forms on July 2024
May I know when did they issue your AIP ? Was it in Vancouver office or Niagara falls ? I forgot
Question for experts here:
My visitor record extension is refused(H and C application pending),letter says to leave Canada immediately otherwise enforcement actions will be taken,I am planning on applying for a restoration of status and I think I have a 90 day window for it,what are the chances that IRCC will flag CBSA to start the removal process right away and wouldnt allow me the 90 day window to restore my status?should I contact IRCC or CBSA to inquire about any possible removal order or will it backfire?
My visitor record extension is refused(H and C application pending),letter says to leave Canada immediately otherwise enforcement actions will be taken,I am planning on applying for a restoration of status and I think I have a 90 day window for it,what are the chances that IRCC will flag CBSA to start the removal process right away and wouldnt allow me the 90 day window to restore my status?should I contact IRCC or CBSA to inquire about any possible removal order or will it backfire?
Don't panic about this, the CBSA is busy and has other priorities, so don't worry about it.
There are tens of thousands of people like you in Canada, if not hundreds of thousands, and they've been like this for years...
But you should apply for restoration before the delay of 90 days with good arguments
Very unlikely so I would not count on this even though there are groups who lobby for this. Trudeau attempted to do this and it was so unpopular the attempt was put on pause. There are so many people with status who are having difficult securing PR and Canada is trying to reduce the volume of temporary residents and decrease the annual quota of PRs so would be very tough justify. You’d also find the PR quota allocation when there are so many different programs hoping for increased quotas already.
H&C will still be processed from outside of Canada and I have seen H&C cases approved after the people left Canada but I agree that it is not the best option in this scenario. Given the long processing times you could also end up with similar issues being on a supervisa. To strengthen an H&C case and to show that you have used the supervisa option already, it would make more sense to apply after many years visiting Canada so you could still end up without status. If you only get flagged for future visits that would be the best case scenario because just getting a TRV may be very difficult.
You should be fine during the restoration period. The restoration is likely to be refused but will buy you more time. IRCC is stepping up their removals so if your mother is called to meet CBSA she should go to the meeting and if they do initiate the removal versus just checking in please consult a lawyer. If meeting CBSA your mother should highlight when she applied for H&C and whether she is close to receiving a response regarding AIP. Based on the JRs I have been reading trying to stay removals waiting for H&Cs if the response is expected soon JR is often awarded and removal put on hold. If CBSA still insists on removal contact a lawyer who will file a JR to try to stay the removal until she receives the outcome of the H&C.
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