H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
- Start date
Parliament does not work during summer, last day of work was June 20, it will re-open on September 15, 2025.
Overall, parliament works only 73 days in a year.
Also, the bill does give IRCC full powers to cancel applications retroactively even after AOR, even already issued PR cards. They claim they want these powers back to be able to cancel a chuck of applications to in streams with bigger backlogs.
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Would disagree we are seeing adults even with Canadian children being removed. They may get an extension to finish the school year. There often has to be a special reason for the child to remain in Canada for example if they have a chronic medical condition where care would not be available in their parent’s home country. Time spent in Canada can have an impact as well. I moved and changed schools as a child and even changed language of instruction multiple times. Families do move and children in general are pretty adaptable. Canada doesn’t want to incentivize having Canadian children to guarantee the ability to secure PR.
You have to be in Canada to apply for H&C not for it to be processed. Even if removed your H&C will be processed. There are certainly some cases that may be able to remain in Canada while H&C is processed especially when they are well into processing but if there was fear of persecution people should she’s claimed asylum or filed PPRA. Removal of pending H&C claimants have often exhausted those avenues so hardship is not deemed enough to prevent removal. As someone who does monitor JRs, there has been a huge uptick in removals. In the past having filed an H&C would have likely kept someone from the active removal list but that has changed. Many were required to do nothing while out of status and some may have had to check in with CBSA but removals were easily put on hold that point.
Once you have AIP you can apply for WPs and SPs (assume extensions would be possible) not BOWPs.
A quote from the federal court decision from literally last week to uphold deportation of someone with 2 Canadian children:
“I am not satisfied that he has presented clear, convincing evidence that irreparable harm will be caused to his two Canadian-born children upon his removal. Also, however unfortunate and painful family separation may be, the jurisprudence of this Court and the Federal Court of Appeal is clear that those who are in Canada illegally cannot avoid the execution of a valid removal order simply because they are the parents of Canadian-born children (Crawford v Canada (Public Safety and Emergency Preparedness), 2017 FC 743 at para 28).; (Baron v Canada (Minister of Public Safety and Emergency Preparedness), 2009 FCA 81 [Baron] at para 57; Kukoyi v Canada (Public Safety and Emergency Preparedness), 2019 CanLII 270 at para 23);”
Plus a court decision from today to uphold refusal in H&C for an applicant with these basis of application:
“ To support the application, Ms. Isaac relied on her establishment in Canada, her relationship with her brother who lives in Canada, the best interests of her children, and the hardships she would face if returned to Nigeria.”
I read court cases every day and see several decisions like these a several times a week lately.
The case you are talking about has identity and misrepresentation issues. This can not be generalized to all other cases. Here is recent JR for H and C.
https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/528683/index.do
To sum up, JR are granted for hardship and BIOC under H and C.
Not quite. Many of the issues in this JR were the result of a very poorly written H&C refusal as was pointed out many times so also not a great example. This case could easily be refused a second time.
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I was quoting two different decisions, not one case, and it is just from the last couple of days, but there are more published if you look through each.
It’s been such a long, difficult and exhausting journey for our family but my husband has finally received the good news. He has received his COPR!! Just 1 more final step to finalize his PR to get his card.
He had completed his medical end of May and we just received the good news today!!!!
He had completed his medical end of May and we just received the good news today!!!!
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