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

[Leo890]

I don't think it does mean that IRCC can't extend processing times. Reviewing the actual judgement, it clearly states the minister can set processing times and priorities for application types. The issue in this case was a second Ministers Insteuction was issued that didn't provide transparency or justification for the change. It offers that the Ministers Instruction itself was the justification, which the court determined was not the case. Unless any Ministers Instructions initiated in other immigration streams meet the same criteria, I doubt this will change much regarding processing times, provide those time are accompanied by reasonable and clear justification for the delays. The other consideration is this does not offer a positive result regarding the status of the applicants PR application. It just requires IRCC to decide. The judgement could ultimately result in a positive or negative result, as long as a result is provided in 60 days.

https://www.canlii.org/en/ca/fct/do...05:53:16:041/493b7bdcdc9a4c97b05ee0effd3a4d60

we don't need ur BS.

 

[Leo890]

My case seems exactly the same! Should we go to court as well? Initially it was 18 months processing time when I applied for it and now it says 43 months remaining after 3 years!

if you have a lawyer, I would say yes you should because there is a chance high likely court will not accept unreasonable postponing finalize applications.

 

[Leo890]

Your case can’t be the same because you didn’t apply to be a caregiver. You are also ignoring the fact that economic immigration programs give out exact criteria to determine who qualifies to apply which is very different than H&C. In the judgement it also specifies that caregiving economic immigration programs are likely more time sensitive program. Most of the judgement reinforces that the minister needs to be more detailed as to why processing times have changed.

OP did not say their case is similar or not and when it comes to application Judicially reviewed by the court does NOT matter if economic application or non economic programs standard rule apply for all cases in department of immigration under section 72 of the Immigration and Refugee Protection Act, and the Federal Courts Citizenship, Immigration and Refugee Protection Rules.
thy did not indicate any separation of PR category all has to be going through this process, so there is no prejudicial between types of PR even in the context judgment not mentioned applies only for caregiver or other economic so yes there is still no differentiate for PR cases I do not know why people like you interpreted incorrectly.

 

[Leo890]

High court is not something under your wishing / hoping control whether you agree with court ruling or you file for appeal, court must treat all immigration files fairly whether economic or non economic or sensitive hhhh
@canuck78 see this decision in 2025 mandamus for H&C
this application has been “reframed” as an H&C application, there is no standard processing time!!!
A writ of mandamus is ordered compelling the Minister or IRCC to complete the processing of the Applicant’s application within 120 days of this order


https://decisions.fct-cf.gc.ca/fc-cf/decisions/en/item/527449/index.do?q=mandamus+2025+H&C


the most interested part minister stated there is no standard processing time for this type of application even they reframed to H&C but guess what alternatively judge toasted minister