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

bella12

Star Member
Jul 10, 2019
156
114
I applied Dec 2019
Received Dec 2019
In process Nov 2020
Got refusal today?
Reason is establishment in canada and child best interest.
Am so sorry about the refusal of your application.

Since you said there is no misrepresentation in your application, here is a very important question I will like to ask and also will be important you look into the base on the grounds( establishment in Canada and best interest of the child) of your application. I will focus mainly on the grounds of the establishment as I have some knowledge about it. I don't have any knowledge about the best interest of the child since I do not have a child.

1) Did you include evidence that is compelling that shows you have established yourself in Canada? If so, what are the evidence you provided?

2) Did you include an argument of hardship( especially in the home country) supported with "compelling evidence"? It is one of the "core foundations" of any H& C application regardless of the ground of the argument of your application.


For example,.......... let's "assume" you were once an international student with a valid visa BEFORE you ran out of status. If you have completed your education and you provide them with your certificate and transcript and also you provide them with an official letter(having the official stamp on it) from your bank stating your account is in good standing and you have NO debt with a copy of your bank account statement ( well loaded with thousands of dollars), together with your tax assessment statements for all the years you have been in Canada. this will convince any immigration officer that you have established yourself in Canada.

The whole point of establishment is to know what you have been doing in Canada since you enter this country and how you have "progressed successfully" towards been self financially sufficient without depending on any form of social assistance. Bear in mind you have a child. If the evidence you provide is not compelling enough to convince the immigration officer, it will have a direct impact on your ability to argue the second ground of your application (best interest of the child).

Also, you will need to provide evidence that you have adapted well in your community. You will need a reference letter from people who reside within your community. It could also be a work reference letter. Another important thing is that you need to do some charity or voluntary work in your community for any charity organization in the area you live. Take pictures with employees or with the manager while you are volunteering. Include these pictures in your application. If you can get an official letter from the charity organization you work for, add it to your application.

According to Rina1021, the ground of application mainly focuses on the establishment in Canada and the best interest of the child. Rina1021 did not include hardship in the application( base on Rina1021 comment).

Rina1021 should have included the argument of hardship( especially in the home country) supported with "compelling evidence" in the application as well. It is one of the foundations of any H& C application. Once hardship argument is missing, One leaves room for any immigration officer to begin to exploit loopholes for refusal in an H & C application.


All this helps to strengthen your establishment in Canada argument of your application that makes any application. Ensure this is address this issue should in case you decide to re-apply for a new H& C application and get a NEW and well-qualified lawyer with an "excellent track record with H& C applications".
 
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attkhan

Star Member
Nov 17, 2020
183
121
I think Aip give you status because a person without status can't apply for health card if it didn't give status you couldn't apply for health card, i Think is protected person, because that's what the lady said to me at sevice Ontario that i'm a protected person when I went there with my Aip.
Hi sweet child,

Do you have any up to date for your PR card
 

RaiSaab108

Star Member
Nov 3, 2019
193
127
7 years, due to mishandled documents we fall out of status and technically not qualified to other pathways to residency applied for TRP still waiting for approval, post graduate with 3 years skilled work experience and my husband too. I had a kid who is in kindergarten and one who should be in college but hold off because of status.
Hi Rina

Sorry to hear about your refusal . Wish you best for your future efforts. I would highly recommended to find a competent lawyer in your city. Book an appointment right away and go from there.
 
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Akash2019

Hero Member
Aug 25, 2019
391
427
I really upset with rina decision specially in this condition where covid have destroyed everything globally when they need immigrant like rina, borders are closed immigration faces hard time to get their target and rejecting people like her don't know what is Humanitarian and Compassionate grounds
 

bella12

Star Member
Jul 10, 2019
156
114
I really upset with rina decision specially in this condition where covid have destroyed everything globally when they need immigrant like rina, borders are closed immigration faces hard time to get their target and rejecting people like her don't know what is Humanitarian and Compassionate grounds
You are spot on!
Decisions like this negate the value of Humanitarian and Compassion during covid.
 

SweetQueen

Hero Member
Nov 12, 2020
233
422
I really upset with rina decision specially in this condition where covid have destroyed everything globally when they need immigrant like rina, borders are closed immigration faces hard time to get their target and rejecting people like her don't know what is Humanitarian and Compassionate grounds
You have said it all. Some officers are just inhumane and lack compassion for fellow humans. May God fight for us all.
 

wello711

Hero Member
Feb 11, 2021
343
240
Anyone who applied this 2021 how long before you received your AOR?
hi, the refusal is hard but you should stay trong and very positive to be able to get solutions and try again.
many poeple got refusals but they got PR for their secnd application.
 
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wello711

Hero Member
Feb 11, 2021
343
240
I applied for TRP last September and I haven’t heard anything from it due to mishandling of document. I fall out of status I want to try restore it under new policy but the refusal letter from restoration letter Ive received says I cant. Thats why I applied for TRP and haven’t heard from it since September
may i know when you lost your status ?
 

wello711

Hero Member
Feb 11, 2021
343
240
@Rina1021 omg you have a very strong case !

can i just know what did you sent to prove establishment, best interest of the child and hardship ?

are you from a third World country ?
 

bella12

Star Member
Jul 10, 2019
156
114
hi, the refusal is hard but you should stay trong and very positive to be able to get solutions and try again.
many poeple got refusals but they got PR for their secnd application.
can i know if you applied before for assylum, shen you came to the country and what you joined in you file to proof establishment and hardship and the best interest of the child ?
According to Rina1021, the ground of application mainly focuses on the establishment in Canada and the best interest of the child. Rina1021 did not include hardship in the application( base on Rina1021 comment).

Rina1021 should have included the argument of hardship( especially in the home country) supported with "compelling evidence" in the application as well. It is one of the core foundation of any H& C application. Once hardship argument is missing, One leaves room for any immigration officer to begin to exploit loopholes for refusal in an H & C application.
 
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Ayanna

Champion Member
Oct 4, 2020
2,030
2,345
I really upset with rina decision specially in this condition where covid have destroyed everything globally when they need immigrant like rina, borders are closed immigration faces hard time to get their target and rejecting people like her don't know what is Humanitarian and Compassionate grounds
H&c is not base on skill work or base on how much money you make
It’s based on family compassion best interest of canada born child or foreign kids any hardship in their back home country discrimination and Violence etc

you need to convince the officer that you really need Humanitarian and compassionate ground and have a strong argument supporting your case
 

Ayanna

Champion Member
Oct 4, 2020
2,030
2,345
According to Rina1021, the ground of application mainly focuses on the establishment in Canada and the best interest of the child. Rina1021 did not include hardship in the application( base on Rina1021 comment).

Rina1021 should have included the argument of hardship( especially in the home country) supported with "compelling evidence" in the application as well. It is one of the foundations of any H& C application. Once hardship argument is missing, One leaves room for any immigration officer to begin to exploit loopholes for refusal in an H & C application.
Yep your on point that was I mean too
 
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wello711

Hero Member
Feb 11, 2021
343
240
According to Rina1021, the ground of application mainly focuses on the establishment in Canada and the best interest of the child. Rina1021 did not include hardship in the application( base on Rina1021 comment).

It is vital Rina1021 should have included the argument of hardship( especially in the home country) in the application as well. It is one of the foundations of any H& C application. Once hardship argument is missing, One leaves room for any immigration officer to begin to exploit loopholes for refusal in an H & C application.
exactly ! i'm not a lawyer but i think that aving a Canadian degree and experience in Canada is not really enough .
all depended on the officer, if the officer is nice he could accept it but if he is severe he can really look for real humanitarian reasons which are generally linked to the difficulty of leaving the country