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H and C

J

john404

Full Member
Nov 5, 2019
27
11
1. Applied on Jan 2019
2. Application started on Feb 2019
3. Still haven't heard anything
Many people are saying that they got their first stage approval after 1 year why haven't I heard anything?
 
C

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
john404 said:
1. Applied on Jan 2019
2. Application started on Feb 2019
3. Still haven't heard anything
Many people are saying that they got their first stage approval after 1 year why haven't I heard anything?
Click to expand...
There is no longer first stage approval. Application seem to start processing around the 2 year mark.
 
B

Blac Kelly..

Hero Member
Sep 21, 2018
426
380
Hi guys, please is it possible to get AIP on H & C while decision on Judicial Review of failed refugee is still pending from federal court? Both H&C and JR were submitted simultaneously in Feb, 2020, while H&C has moved to 'in process' already, no decision yet on JR
 
B

Buletruck

VIP Member
May 18, 2015
6,681
2,529
Blac Kelly.. said:
Hi guys, please is it possible to get AIP on H & C while decision on Judicial Review of failed refugee is still pending from federal court? Both H&C and JR were submitted simultaneously in Feb, 2020, while H&C has moved to 'in process' already, no decision yet on JR
Click to expand...
You aren’t eligible for H&C if you have a refugee claim in process.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html#refugee-claim

People who have made a refugee claim
If a person has filed a refugee claim in Canada, they may be subject to a bar on access to H&C consideration (both in Canada and overseas). Specifically, a person is barred from accessing H&C if they have

  • a refugee claim that is pending before the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB)
  • made a claim for refugee protection that was determined to be ineligible to be referred to the RPD, and they have a pending pre-removal risk assessment (PRRA) application
Similarly, if a person has filed a refugee claim with the RPD that was rejected, determined to be abandoned or determined to be withdrawn after substantive evidence has been heardFootnote 2 , they are barred from H&C consideration if less than 12 months has passed since the date of the

  • RPD decision in cases where there has been no appeal to the Refugee Appeal Division (RAD) or application for leave and judicial review submitted to the Federal Court
  • latest decision in any process in cases where there has been an appeal to the Refugee Appeal Division (RAD) or application for leave and judicial review submitted to the Federal Court
 
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B

Blac Kelly..

Hero Member
Sep 21, 2018
426
380
Buletruck said:
You aren’t eligible for H&C if you have a refugee claim in process.

https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/permanent-residence/humanitarian-compassionate-consideration/intake-who-may-apply.html#refugee-claim

People who have made a refugee claim
If a person has filed a refugee claim in Canada, they may be subject to a bar on access to H&C consideration (both in Canada and overseas). Specifically, a person is barred from accessing H&C if they have

  • a refugee claim that is pending before the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB)
  • made a claim for refugee protection that was determined to be ineligible to be referred to the RPD, and they have a pending pre-removal risk assessment (PRRA) application
Similarly, if a person has filed a refugee claim with the RPD that was rejected, determined to be abandoned or determined to be withdrawn after substantive evidence has been heardFootnote 2 , they are barred from H&C consideration if less than 12 months has passed since the date of the

  • RPD decision in cases where there has been no appeal to the Refugee Appeal Division (RAD) or application for leave and judicial review submitted to the Federal Court
  • latest decision in any process in cases where there has been an appeal to the Refugee Appeal Division (RAD) or application for leave and judicial review submitted to the Federal Court
Click to expand...
Sorry Buletruck, you have no idea. Please let the person who understands the process comment. After explaining how far I have gone in my H & C application and the progress av made with timeline, you re still saying am ineligible. If u need lecture on who is eligible or not I can help you on that though
 
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Funmi01

Funmi01

Full Member
Apr 12, 2019
30
8
Yes...it is possible for you to get AIP on your h&c. Your JR is pending on the federal court not on the refugee board.
 
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