@canuck78
is right one of my friend called me today and told me that two people that were waiting for H&C were removed back home to their countries.
Everyweek 400 are removed from Canada.
H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
is right one of my friend called me today and told me that two people that were waiting for H&C were removed back home to their countries.
Everyweek 400 are removed from Canada.
Canada deporting nearly 400 people a week, fastest pace in a decade | CBC.ca https://share.google/JhYk72o75FkmvYIlQ
H&C applications don’t prevent removal. You can read cases weekly of people with active H&C cases trying to stay their removals. Most are dismissed so will be removed. Others will leave on their own because it will increase their chance of being able to return. Until around 2 years ago most with active H&C cases could remain in Canada during processing and could get a WP. Canada is trying to reduce the amount of temporary residents or people without status so is making it much harder to remain in Canada and I expect it to get harder just look at Alberta. Most people would be much better off having another plan to secure PR even if they had to leave Canada temporarily. Given processing times for general H&C most will end up out of status before their H&C case is heard and many will be removed. It will become too hard for many to wait out H&C processing which is currently decades. I have been recommending that people learn French for the past few years or return home to get additional work experience or go back to school. It would be a faster pathway to PR for many people and they would have control over their future.
An active H&C case has never prevented removal. When numbers were low it was rarely enforced but that changed around 2 years ago. Canada is trying to reduce the amount of temporary residents and undocumented people so it is removing more people or making it clear that people have no options to stay so they remove themselves. If you leave on your own it is much easier and less expensive to return in the future.
@canuck78 you are generalizing H&C program too much. First stage is different from second stage. On one hand you're agreeing that the program has failed and need reforms. On the other hand, you're saying that don't do anything. It won't help. I think the forum was created to help people applying under H&C category. When I joined the forum, I had very vague knowledge of the program, however going through all the comments from previous members, I got to know how the program works and there's no doubt that it helped me in updating my application with facts and evidences. Also, don't you think we already know that there are other programs to get PR. H&C is for those who don't have that option. So we didn't have any option and that's why applied under this category. It's not our choice dear.
Regarding writ of mandamus, we can have different opinions and I respect it.
Sadly many would have different pathways to PR but won’t consider other options likely leaving temporarily or learning French. Most do not have AIP so my statement that general H&C doesn’t prevent removal is true. General H&C cases used to be for very rare exceptional circumstances but became a way for anyone who couldn’t secure PR via other pathways to remain in Canada which is one of reasons case numbers have skyrocketed. Over the past few years you can see that IRCC is becoming much more selective on who they accept for H&C based on the JRs. You are free to pay thousands for a lawyer to file mandamus. It doesn’t change what the legal basis for mandamus is and you appear to be experiencing normal processing. The fact that processing times are incredibly long means that program needs reform not for the courts to be delayed even further with mandamus cases because people are stuck waiting for their turn to get PR. It would be very hard to justify why your family would get to land before the likely thousands of other people who got AIP before you. Sadly the courts are completely overwhelmed so hopefully there will be some reforms to H&C in the ~1.5 years it will likely take to hear your case.
I understand your point. One of my posts are waiting for approval from moderator so I post it again here. When there's a fixed quota for PR, IRCC must be following some rules to finalize those files. But I have seen cases where 2021 and 2022 files are still pending and 2023 files are closed. They should atleast follow FIFO. So by writ of mandamus, I am not asking IRCC to leave everything and give me priority. I am just asking them to fix the administrative delay that has been caused due to no fault of mine. I applied, got approval, submit all the documents, so just do your work.
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