H&C Humanitarian Ground with/or Without Failed refugee claim

[canuck78]

Since 10 years and above, reflects the significant backlog and resource limitations across several PR streams. IRCC appears to be extending these timelines for H&C partly to manage intake volumes and reduce the number of federal court (mandamus) challenges related to delay. I believe there wont be an option to sue the government if your application move past those years.

There are very few programs that have such long processing times. The longer processing times have nothing to do with Mandamus. It is literally a pure math calculation based on quota and number of applicants. Was suggesting that people have the option to sue the government if it cancels H&C. You’d likely have to attempt to show your application should have been processed. Not a lawyer so what grounds you may have also depends on the specifics of your case. This would not be an inexpensive or a quick process. You may get removed before you get a response or would have to live without status which may be very difficult. If cancelled speak to some reputable lawyers.

 

[iSaidGoodDay]

Was actually referring to any type of PR. Also should have included PRs or even citizens who have obtained PR as a result of fraud. This was always the case but would be easier under c-12.

If they include fraud PRs who later became citizens, I'm afraid, the number is in hundreds of thousands and that'll be a backlog of a decade for removal

 

[canuck78]

If they include fraud PRs who later became citizens, I'm afraid, the number is in hundreds of thousands and that'll be a backlog of a decade for removal

Fraud typically has to be severe for citizens to go through the cessation process. For example using fake identities, not disclosing other citizenships, etc.

 

[Buletruck]

Fraud typically has to be severe for citizens to go through the cessation process. For example using fake identities, not disclosing other citizenships, etc.

Misrepresentation comes to mind...

 

[need-aip]

Fraud typically has to be severe for citizens to go through the cessation process. For example using fake identities, not disclosing other citizenships, etc.

In reality the new Bill C-12 repackages Bill C-2 “leaving intact the measures to block refugee hearings, impose arbitrary retroactive one-year bars, and grant ministers mass immigration status-cancellation powers.” This would allow the government to cancel en masse people’s immigration applications and even cancel visas or permanent residence cards of people already in the country.

 

[WellWell2021]

In reality the new Bill C-12 repackages Bill C-2 “leaving intact the measures to block refugee hearings, impose arbitrary retroactive one-year bars, and grant ministers mass immigration status-cancellation powers.” This would allow the government to cancel en masse people’s immigration applications and even cancel visas or permanent residence cards of people already in the country.

So this is how the situation is going to improve? The immigration system will become functional, the unemployment rate will go down, the quality of services will get better, and the cost of living will become cheaper?

 

[need-aip]

So this is how the situation is going to improve? The immigration system will become functional, the unemployment rate will go down, the quality of services will get better, and the cost of living will become cheaper?

I don't think the situation is going to improve.
I think it will get worse.

 

[canuck78]

In reality the new Bill C-12 repackages Bill C-2 “leaving intact the measures to block refugee hearings, impose arbitrary retroactive one-year bars, and grant ministers mass immigration status-cancellation powers.” This would allow the government to cancel en masse people’s immigration applications and even cancel visas or permanent residence cards of people already in the country.

It remains very hard & expensive for the government to cancel someone’s citizenship. Bill C-12 of other version of the bill will primarily target temporary residents, asylum seekers, those without status and in some very specific cases PRs. In many cases it will allow the governent to process these applications faster when there is non-compliance while it can be dragged out for years to even decades under the current system.

 

[need-aip]

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[canuck78]

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NDP has minimal power to make dramatic changes especially ones that are not popular with the general population so I would be focusing on other party demands like BQ and PCP. PCP in particular doesn’t want to be seen as supporting the liberals but also doesn’t want to be known for not supporting immigration reforms. BQ could also be the party to push through b-12 or whatever bill it becomes in exchange for some concessions. This is why governments hate minority mandates.

 

[ruslan2025]

https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2?fk=13186059

BIL C12 - Online in progress

 

[Buletruck]

https://parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2?fk=13186059

BIL C12 - Online in progress

Well, the only thing I've garnered from watching the committee debate this is we sorely need to improve the competency of Ministers (and politicians in general) we elect. What a gong show.

 

[sting 000]

NDP has minimal power to make dramatic changes especially ones that are not popular with the general population so I would be focusing on other party demands like BQ and PCP. PCP in particular doesn’t want to be seen as supporting the liberals but also doesn’t want to be known for not supporting immigration reforms. BQ could also be the party to push through b-12 or whatever bill it becomes in exchange for some concessions. This is why governments hate minority mandates.

Same NDP that wants expiring work permit extended for skilled workers in PNP ontario .
Fortunately canada immigration and policies are built on survays and what the skateholders demands .

 

[WellWell2021]

Immigration Lawyer Steven Meurrens from Vancouver wrote this post on LinkedIn today :

In February 2023, former Immigration Minister Sean Fraser issued a Public Policy directing IRCC to essentially bulk-approve all visitor visa applications submitted before January 16, 2023. The intent was to clear the massive pandemic-era backlog and "position Canada for a clean start."

Perhaps not surprisingly, many of those admitted under this policy later filed asylum claims at a higher-than-average rate. At the time, some observers suggested that IRCC likely would have preferred simply to cancel the pending applications altogether.
Bill C-12 now seeks to grant that very power, allowing the Governor in Council to cancel any applications still in process
as well as existing and valid visas, PR cards, work permits, study permits, and more.

This has raised reasonable concerns about whether IRCC might use this new authority to eliminate other backlogs, such as in the Humanitarian and Compassionate Class (with its 50-year processing time), Start-Up Business, or Self-Employed classes.

Questions have now logically arisen regarding whether IRCC will use Bill C-12's ability to cancel applications in these categories to terminate the backlogs.

During today's #CIMM meeting, Liberal MP Sameer Zuberi (who is impressive) asked Minister Diab if this was IRCC's plan. The Minister said no, and then went on to say that she wanted to be clear that Bill C-12 does not permit IRCC to cancel asylum claims, assuring claimants that their cases would not be affected. It is hard to tell what to make of her response.
The purpose of Bill C-12 remains unclear, apart from the fact that it grants sweeping new powers to government. As Conservative MP Michelle Rempel Garner pointed out, there are no safeguards. And of course, even if the government has no current intention to use these powers broadly to cancel application categories, it can always change its mind in the future.
At this point, the government appears to have three choices. It can increase admissions quotas in the above three categories to reduce backlogs. It can accept multi-decade processing times. Or it can cancel applications altogether. It's not unreasonable for people to be concerned that they will choose the latter

 

[WellWell2021]

Sometimes I wonder why the government doesn’t just give permanent residence under public policy programs to people who are already here, who deserve it , and stop bringing new skilled workers from abroad for a while just to take time to review and fix the whole immigration system.
At this point, what’s done is done. I don’t think Bill C-12 will work miracles or really solve the problems.
Instead of going in circles and trying to look strict by cutting thousands of applications, speeding up deportations, and making policies that only add pressure to the legal system, why doesn’t IRCC simply regularize the people who are already here those who have lived here for a long time, who speak Canada’s languages, who are well integrated, who have a home, a job, studies, and family here?
Wouldn’t that help reduce the current social and economic crisis?
Why are the people already living here being seen as the problem, instead of the new ones IRCC keeps bringing from abroad even though we all know that many of them will end up in casual jobs, their diplomas won’t be recognized and it will take them a long time to integrate ?