This is a highly unusual case and the basis of the claim is primarily related to PPRA and TSR not H&C.
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H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
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This is a highly unusual case and the basis of the claim is primarily related to PPRA and TSR not H&C.
Hello @WellWell2021 and rest of the members of this this forum... I greet you all.
Sorry I have not been active on this forum for years due to work. Time is extremely tight for me. Hence the reason you rarely see me here.
But first, allow me to introduce myself as I can see there are lot of new members in this forum. Some of the old members would recognize me tho.
I was once in most of y'all situation years. I came as student. Did not renew my visa. Remain in Canada for about 7yrs without status. Continued with my university education till I graduated. That's when I put in a H and C application and it got approved. Keep in mind I did it myself. Some of the old members like @WellWell2021 can attest to my claim and testimony.
Also, I have jkm like to give a shout to all the old members in this forum ( can't remember most of their names). This guys are immigration wizards. Even an immigration lawyer is NOTHING compare to this guys..
During my time, I have learnt a lot about h and c and can proudly say I am also a wizard in it.
Keep in mind before I join this forum, I use a lawyer and my application for refused. I almost tried and second lawyer. That lawyer almost scammed me of my money. I have wasted thousands using different lawyers. It got to the point I developed the confidence to do the application myself which for approved within 8month.
I have been a PR going to 3 years now. At the end of this year's, I will be applying for my Canadian citizenship to be a citizen.
I have also help some of the old members in this forum who today are now a PR. Shout out to @tony ( I hope I got his name correctly ). There are so many of them who I can't remember their names. All the advice I gave worked like magic....@WellWell2021 can also attest to this claim since he is an old member in this forum and was present during my time.
I decided to write this post because I notice @WellWell2021 recognized my presence in the forum today. I don't know how...but am glad he did. It been over years now. My greetings to you sir. Hope you have for your PR ?
Mostly importantly , the second reason for my write is because after reading the ordeal of so many of y'all new members in this forum, it is evident to me a lot of guys are NOT doing h&c the correctly . Also, it is evident to me that so many new members do NOT know the purpose of hand c application. They just use because it is available to them.
The core part that really for my attention the most when I read a lot of y'all comments is that a lot of you guys do not know how to approach a NEW h and c application after a previous refusal. I see lot of wrong advice on this forum which I know is a hit or miss or more guaranteed to get a new refusal.
When I see some people give wrong advice, it really saddens me because you are playing with the future of someone who is venerable.
Am free all day today. Pls, feel free to ask my any questions about h and c. I will do my best to respond .
Hope to hear from y'all..
Glad to see myself in this forum after about 5 yrs of absence.
Although the fundamentals of H&C remain the same when you applied for H&C Canada’s doors were wide open to all forms of immigration. That is no longer the case and there are significantly more H&C claims plus a yearly quota that is being enforced so it may be much more difficult to obtain H&C approval now than it used to be. In general it is much harder to obtain PR than it was a few years ago.
Hello Canuck, thanks for your replies. I am still in awe to what happened to mine cos I filed for a stay of removal as well pending the outcome of my H&C but it was refused!! Why wasn’t mine put on hold? I am just so curious….
H&C never prevented a removal from Canada but it was rarely enforced. We are seeing many more cases where removals are being enforced during H&C processing and stays of removals are also being denied if the result of H&C is not imminent. Your lawyer is the only one who can really provide guidance at this point. If removed your H&C will continue to be processed. If you have plans/other pathways to return to Canada it may be best to leave on your own versus having CBSA remove you given. There are new fees that need to be paid if you are removed by CBSA and then return to Canada. All things that should be discussed with your lawyer.
Before y'all start sending me questions. Let me address on common mistakes I have notice repeatedly from a lot of oist and advice I have read from new members.
Which is , what do you do AFTER you receive a h and c refusal ?
I see a lot of misleading advice.
Here is what you need to do...
Don't panic or get worried over it. It will drain your energy and will not have energy to fight the refusal or you will not be able to think logically due to worry. See it is as something that should make you strong and ascend you to a better IRCC decision...
The next important thing you need to do is to order for a copy of the refusal from IRCC...this is very important. Keep in mind that IRCC only send you a copy DECISION letter. This deliberate to discourage fro reapplying or let say you reapply, you are likely to make mistakes since you have no idea of the reason(s) of your refusal .
If you use a lawyer, they will take advantage of you and milk your dry our hard earned money . They will make it appear like ordering for it rocket science...No ! It is not .
It is worth noting that it practically impossible to increase your chance of approval of your next h and c application IF YOU DO NOT REASON YOUR PREVIOUS APPLICATION WAS REFUSED. This is why this should be your first step. That is to request for a copy of your refusal letter.
The refusal letter contains a detailed information of all the reason IRCC officer refuse your application. It is written paragraph by paragraph.
To request for a copy, send IRCC an email. Send an email to the IRCC office that refused your application.Be humble about it. Ensure that your email reflects humility. Remember that you are at their mercy.
Be rest assured, IRCC will email your the copy in less than 24hrs of your request.
I did this and also recommend it to many people in this forum that are today now a PR. Also, remember that the copy of your refusal letter is Free.Dont let any lawyer make it sound like the process is rocket science to milk you of your money.
Once you obtain, take your time to read and understand all the reason and concerns of the officer that lead to decision to refuse your application.
Ensure that in the front page of your new application, you MUST address those concerns and reason(s) BACK WITH STRONG EVIDENCE before you continue on the next page with your new h and c application....
Which is , what do you do AFTER you receive a h and c refusal ?
I see a lot of misleading advice.
Here is what you need to do...
Don't panic or get worried over it. It will drain your energy and will not have energy to fight the refusal or you will not be able to think logically due to worry. See it is as something that should make you strong and ascend you to a better IRCC decision...
The next important thing you need to do is to order for a copy of the refusal from IRCC...this is very important. Keep in mind that IRCC only send you a copy DECISION letter. This deliberate to discourage fro reapplying or let say you reapply, you are likely to make mistakes since you have no idea of the reason(s) of your refusal .
If you use a lawyer, they will take advantage of you and milk your dry our hard earned money . They will make it appear like ordering for it rocket science...No ! It is not .
It is worth noting that it practically impossible to increase your chance of approval of your next h and c application IF YOU DO NOT REASON YOUR PREVIOUS APPLICATION WAS REFUSED. This is why this should be your first step. That is to request for a copy of your refusal letter.
The refusal letter contains a detailed information of all the reason IRCC officer refuse your application. It is written paragraph by paragraph.
To request for a copy, send IRCC an email. Send an email to the IRCC office that refused your application.Be humble about it. Ensure that your email reflects humility. Remember that you are at their mercy.
Be rest assured, IRCC will email your the copy in less than 24hrs of your request.
I did this and also recommend it to many people in this forum that are today now a PR. Also, remember that the copy of your refusal letter is Free.Dont let any lawyer make it sound like the process is rocket science to milk you of your money.
Once you obtain, take your time to read and understand all the reason and concerns of the officer that lead to decision to refuse your application.
Ensure that in the front page of your new application, you MUST address those concerns and reason(s) BACK WITH STRONG EVIDENCE before you continue on the next page with your new h and c application....
No it is not unusual case and it is about refused H and C, it is clearly mentioned in the first paragraph. TDR is stated in the context that the applicant will be in limbo in Canada as he is not eligible for PRRA.This is a highly unusual case and the basis of the claim is primarily related to PPRA and TSR not H&C.
No it is not unusual case and it is about refused H and C, it is clearly mentioned in the first paragraph. TDR is stated in the context that the applicant will be in limbo in Canada as he is not eligible for PRRA.
It is an unusual case because he was not eligible for an asylum claim. The results assume he will eventually be evaluated for PPRA and given his citizenship TDR will always be an issue.
IRCC should prioritize nationals of TDR/ADR countries for H and C, and refugee approvals. There should not be JR cases involving people from these countries in the courts in the first place.It is an unusual case because he was not eligible for an asylum claim. The results assume he will eventually be evaluated for PPRA and given his citizenship TDR will always be an issue.
Reach out to your MP, since it’s past processing timeGood morning.... unfortunately I don't see any movement on stage 2 this year so far, I got my AIP in 23 of July/2023, since that, no address confirmation or emails 1 and 2, nothing at all....I call them every other week since that, they aways says;
"We don't need anything else from you, we will contact you if we need something, all you can do is wait".
When I ask them to be more especific on the update. They say;
•Medical: passed
•Elegebilit: passed
•Under background;
Info sharing; in progress
Security; in progress
Criminality; in progress
But the problem I see is, these are the same update I have since August, November, December...and last time I called ( last week) .. nothing has changed
If someone have any news about stage 2, please share with us. Getting crazy here.
Reach out to your MP, since it’s past processing time
@mr.niceGuy10
Given that there are many examples of H&C application with the same processing times on this forum it doesn’t make sense to point out to MP that you have exceeded processing time and ask about processing of your application. Unless your processing time is significantly different than others reaching out to your MP will have little or no impact. MPs office will likely just say that they are undergoing processing and IRCC doesn’t need any more information. They may want to reach out their MP and ask if they can find out the yearly quota allocated to regular H&C applications in 2025 out of the ~10k, in 2026 out of the ~6.5k, etc. Given that there are many applicants who have been waiting 6-12 months with P1 there seems to be a backlog issue for H&C applications but it is unclear how big the problem is. They could also if MP can find out how many H&C applications have either FD or P1 and are currently in the H&C queue. If the data for FD or P1 is not accessible maybe P2 and waiting for eCOPR is available. Even the volume of applicants currently undergoing processing and the allocated quota for general H&C would be helpful in determining how big an issue the backlogs will be. Not sure if the MP will be able to get any answers or will be willing to try to obtain this type of information but it would provide more information than being told the application is undergoing processing and all you can do is wait. If not there is the obtain to order ATIP yourself for these types of questions.
IRCC should prioritize nationals of TDR/ADR countries for H and C, and refugee approvals. There should not be JR cases involving people from these countries in the courts in the first place.
Fair point but typically they do receive approved asylum claims. The rate of acceptance of asylum claims from Afghanistan and other countries that have TDRs is very high. The issue is this case is that they were never eligible for asylum given how they got to Canada (including through Italy and the US) and even when they were removed once they entered Canada again. There are also exceptions including when people have criminal records.
For people who are certified in GCMS notes what is exactly mean this text : “ file to SEC review “ ?
Did you only recently claim asylum? This is a security review to determine if you qualify to apply for asylum.
Did you only recently claim asylum? This is a security review to determine if you qualify to apply for asylum.
are you sure this is indication for security review ?Did you only recently claim asylum? This is a security review to determine if you qualify to apply for asylum.
Because on the notes it said security status “ Not started yet “ If so what type, enhanced/comprehensive or just security records?
Did you apply for asylum after you submit H and C or before?For people who are certified in GCMS notes what is exactly mean this text : “ file to SEC review “ ?
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