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

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
you partner application and him has been through a lot of process and stress I assumed. Glad you made it at last thats the important thing.
Thank you! We were very unlucky because when IrCC first found out about his misrepresentation in 2015, his first lawyer said "don't worry, this is nothing serious. You can never lose PR over this". They did not prepare for his procedural fairness hearing and of course lost it. Then lost federal court appeal - it is extremely hard to overrule initial decision through court unless there was an error made. Then was issued deportation order.

Then he changed lawyer in 2019, and this one was even less competent. He put his province as Quebec, instead of Ontario, and his file went to Montreal and landed at the desk of an officer who refused both his HC and PRRA. Then we filed 2nd HC and it went to Montreal again to exactly the same officer - refused again.

Just before His removal interview in May 2021, I translated everything into English (his 3rd HC) and by some miracle it stayed in Vancouver this time. AIP granted. 6 years of nightmare and lots of grey hairs. Moral of the story - fill out all papers properly at first attempt!
 

SpiritualWonderBoy

Hero Member
Jul 2, 2020
659
373
Thank you! We were very unlucky because when IrCC first found out about his misrepresentation in 2015, his first lawyer said "don't worry, this is nothing serious. You can never lose PR over this". They did not prepare for his procedural fairness hearing and of course lost it. Then lost federal court appeal - it is extremely hard to overrule initial decision through court unless there was an error made. Then was issued deportation order.

Then he changed lawyer in 2019, and this one was even less competent. He put his province as Quebec, instead of Ontario, and his file went to Montreal and landed at the desk of an officer who refused both his HC and PRRA. Then we filed 2nd HC and it went to Montreal again to exactly the same officer - refused again.

Just before His removal interview in May 2021, I translated everything into English (his 3rd HC) and by some miracle it stayed in Vancouver this time. AIP granted. 6 years of nightmare and lots of grey hairs. Moral of the story - fill out all papers properly at first attempt!
I just wanna ask, what are the ground for the officer who refused the file for the second time ? Did you change your letter on the next submission or did u include more evidence on the second submission ?
 
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scylla

VIP Member
Jun 8, 2010
92,835
20,492
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010

Katayoon

Champion Member
Nov 19, 2011
1,631
2,004
Job Offer........
Pre-Assessed..
I just wanna ask, what are the ground for the officer who refused the file for the second time ? Did you change your letter on the next submission or did u include more evidence on the second submission ?
Yes second submission had more evidence to counter her refusal reasons from 1st HC. We added evidence that my partner was primary caregiver for our son as he took parental leave while I had to return to work (she had wrote before that she did not see evidence that our son needs him in Canada). We also added evidence of money transfers to his other children abroad, because she had also wrote before he has to return home to support them, yet his home country has enormous unemployment. So yes - it was a lot more solid evidence to counter each her refusal reason. But she did not consider it. You know the funny part? She just printed out her refusal letter/arguments from first HC and did not even change the date on it.

Our lawyer at that time said to try JR and that we had high chance because it appeared that none of the new evidence was considered. But when we heard it would take 1 year at least and 10K+ in legal fees just for Stage 1, we did not bother. We submitted fresh HC instead and it went very fast given deportation order.
 

Pear23

Hero Member
Sep 20, 2020
431
539
Hi Katayoon, or anyone who is able to answer my questions. Do I need to contact Ircc after biometrics or it will automatically get submitted? Also how long after biometrics will Ircc send out Aip? It's been one week since biometrics was requested and done.
 

grahs1994

Hero Member
Feb 8, 2021
866
659
Hi Katayoon, or anyone who is able to answer my questions. Do I need to contact Ircc after biometrics or it will automatically get submitted? Also how long after biometrics will Ircc send out Aip? It's been one week since biometrics was requested and done.
Hey it could take up to a year. But things have been going faster these days.