Refugee case was withdrawn h&c case was submitted

[Bornlucky]

I didint have choice we with council decide to do that. I just wandering does someone face similar problem and can share their departure order appeal experience and and under what circumstances judge remain you to stay

Here is what's required for a stay of removal:

The Test
In order for the Court to stay removal, an applicant must satisfy the tripartite test for interlocutory injunctions set out in RJR — MacDonald Inc v Canada, [1994] 1 SCR 311. In the immigration context, this is typically referred to as the Toth test, referring to Toth v Canada (Minister of Employment & Immigration) (1988), 6 Imm LR (2d) 123, 86 NR 302 (FCA).

The test has three parts and each must be met to succeed. The burden of proof is on the applicant to show:

1. that there is a serious issue to be tried in the underlying application;
2. that he/she would suffer irreparable harm if no order was granted and he/she was removed from Canada; and
3. considering the situation of both parties, the balance of convenience favours granting the stay.

There is a time limit for appealing the removal order itself so you'd want to talk to your counsel.

 

[canuck78]

that is main thing what im not understand work permint getting extended every year and Ontario health card following work permit. yes your right after 7 years of waiting asylum wont be that strong as was on arrival. that why I decide to turn H&C way its much more elements what can support case.

Without AIP you may not get

that is main thing what im not understand work permint getting extended every year and Ontario health card following work permit. yes your right after 7 years of waiting asylum wont be that strong as was on arrival. that why I decide to turn H&C way its much more elements what can support case.

If you were an asylum seeker you should have previously using the federal refugee health program.