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

bella12

Star Member
Jul 10, 2019
156
114
There is no appeal on H&C applications that are refused. Only judicial review.
Thanks for the response.

I dont know if I use the right word. you said there is no " appeal " on h& C application. Is appeal the same as "re-consideration" ? By that I mean, applying to IRCC to reconsider my application?
 

bastian14

Newbie
Nov 13, 2020
9
2
Hello everyone

Wondering if somebody has the same situation as me.
A month ago i received a exclusion order by cbsa for overstating as a visitor.
Resuming my history i came to canada on august 2016 with a working holiday visa i meet my ex wife here, after my whv expired i came back to my country to work and came back to get merried with my ex wife. I came on august 2018 as a visitor and i got merried on 2019, in that period i was with a visitor status, we send the sponsorship app on july and my visitor visa was extended from august 2018 to july 2019, we thought (huge mistake) that sending the app before the visitor visa expired i will be in implied status. On september they send the package back because they miss one certificate. At that moment i fall in out of status (i didn't know it untill november 2020). Our relationship didn't work we got separated on november 2020 and she decided to withdrawal the sponsorship app. Then i start to check my status and i check that all this time since july 2018 is was out of status and yes i know was my fault for missing the information.
Well i look to any different ways to stay legally in canada because since 2016 i been very confortable with my family( aunt, uncle, cousins and made a lot of friends).
I was getting in january to send a h&c app but i recieve a call from cbsa, i got a interview the next day of the call and i receive the exclusion order for 1 year.

They gave a package for PRRA app, but i decide to don't apply because i don't feel that i can apply for it ( no risk etc) and i don't want to use something that any of you really need.
When i received the notice i say why i will do any process anymore, i was tired and really sad because i lost my wife, pet, house and i will have to say bye to my family.

Last week i hear about TRP, and i say why not look for more info so i discover this forum, reading and reading i found some imformation.
Somebody has a situation like me? I have the h & c application ready, to send also the TRP so i can restore my status, while i'm waiting for H&C. But at the same time i have the exclusion order
 

bella12

Star Member
Jul 10, 2019
156
114
I'm so sorry to hear about your refusal, but it is not the end you can reapply again but make it more stronger and with more prove. I got refusal also too and reapply again with a lot more prove to back up my argument and this time I was approved, just get yourself a good lawyer that specializes in h&c......stay strong you will prevail
@ Sweet child,

1) Do you mind me asking if you did a court appeal to appeal your previous refusal OR did you go straight to put in a new h& C application?
2) Did you use a lawyer for your new application that got approved?
 

Sweet child

Hero Member
May 4, 2020
351
241
guys, I need your advice.

A decision was made on my application today. It was a refusal. However, they did not write the reason for my refusal in the letter. The letter says "I have to leave Canada as soon as it becomes possible"

I have the following question I will like to ask.

1) Is there a way one can know the reason for refusal?
2) After receiving a refusal letter for H& C application, what options are available, or what would you recommend one do next?


I have read on this group where some people said they were refused and they reapply for reconsideration of their h& c application and they got approved!

3) Do you think I should do the same thing?
4) If so, how long does our are-consideration take?
5) Would you recommend a court appeal. if so, why or why not?


Your responses are appreciated.
Sorry hear about your application. I think you need to find a good lawyer i was once in your situation so I know how it feels. And I reapply again and was successful, so you can too
 

bella12

Star Member
Jul 10, 2019
156
114
Sorry hear about your application. I think you need to find a good lawyer i was once in your situation so I know how it feels. And I reapply again and was successful, so you can too
Wow! that is encouraging...
I think your post has to give me hope. pls, I have some important questions I will like to ask you. I sent you a private message. kindly check your inbox. your swift response is highly appreciated.
 

Sweet child

Hero Member
May 4, 2020
351
241
@ Sweet child,

1) Do you mind me asking if you did a court appeal to appeal your previous refusal OR did you go straight to put in a new h& C application?
2) Did you use a lawyer for your new application that got approved?
Yes I did but was refused also, so I got a new lawyer she's the best if she was close to you I would recommend her to you , you wouldn't be disappointed she is so good. I recommend alot of people to her people that was on removal order and are now resident even me too was voluntary departure.
 

Sweet child

Hero Member
May 4, 2020
351
241
Wow! that is encouraging...
I think your post has to give me hope. pls, I have some important questions I will like to ask you. I sent you a private message. kindly check your inbox. your swift response is highly appreciated.
For some reason I can see your massage but I can't reply I don't remember my password...I'm sorry about that
 

Sweet child

Hero Member
May 4, 2020
351
241
Hello everyone

Wondering if somebody has the same situation as me.
A month ago i received a exclusion order by cbsa for overstating as a visitor.
Resuming my history i came to canada on august 2016 with a working holiday visa i meet my ex wife here, after my whv expired i came back to my country to work and came back to get merried with my ex wife. I came on august 2018 as a visitor and i got merried on 2019, in that period i was with a visitor status, we send the sponsorship app on july and my visitor visa was extended from august 2018 to july 2019, we thought (huge mistake) that sending the app before the visitor visa expired i will be in implied status. On september they send the package back because they miss one certificate. At that moment i fall in out of status (i didn't know it untill november 2020). Our relationship didn't work we got separated on november 2020 and she decided to withdrawal the sponsorship app. Then i start to check my status and i check that all this time since july 2018 is was out of status and yes i know was my fault for missing the information.
Well i look to any different ways to stay legally in canada because since 2016 i been very confortable with my family( aunt, uncle, cousins and made a lot of friends).
I was getting in january to send a h&c app but i recieve a call from cbsa, i got a interview the next day of the call and i receive the exclusion order for 1 year.

They gave a package for PRRA app, but i decide to don't apply because i don't feel that i can apply for it ( no risk etc) and i don't want to use something that any of you really need.
When i received the notice i say why i will do any process anymore, i was tired and really sad because i lost my wife, pet, house and i will have to say bye to my family.

Last week i hear about TRP, and i say why not look for more info so i discover this forum, reading and reading i found some imformation.
Somebody has a situation like me? I have the h & c application ready, to send also the TRP so i can restore my status, while i'm waiting for H&C. But at the same time i have the exclusion order
For some people on the forum they applied with prra and h&c together and the h&c application process faster, I don't know too much i only can answer on my expense i had....maybe someone can reply that know more about your situation.
 

Sweet child

Hero Member
May 4, 2020
351
241
does your lawyer have a website? kindly send me the link.
I am considering getting a new lawyer for a new application.
Can send you her number you can call her ask her up front what can been done, she will not lie to you you can trust her. She did everything for my application I did do anything I only sign concent for her to have access to my son medical records
 

bella12

Star Member
Jul 10, 2019
156
114
Tel 519-252-0999 her name is Mary Jane Campigotto Law firm, let me know how it goes if you decide to call her.
Thanks for the information. ..... I have a few questions I will like to ask

) How did you go about your new h& c application?
2) Did you put in a new application as soon as you receive a refusal?
3) Did you apply for a judicial review?
3) what are the grounds of your new h& C application that got approved?
4) what are the grounds of the old h&c application that got refused?
5) how long did it take to process your new application to get it approved?
 

Ayanna

Champion Member
Oct 4, 2020
2,029
2,343
guys, I need your advice.

A decision was made on my application today. It was a refusal. However, they did not write the reason for my refusal in the letter. The letter says "I have to leave Canada as soon as it becomes possible"

I have the following question I will like to ask.

1) Is there a way one can know the reason for refusal?
2) After receiving a refusal letter for H& C application, what options are available, or what would you recommend one do next?


I have read on this group where some people said they were refused and they reapply for reconsideration of their h& c application and they got approved!

3) Do you think I should do the same thing?
4) If so, how long does our are-consideration take?
5) Would you recommend a court appeal. if so, why or why not?


Your responses are appreciated.
Sorry to hear that I feel your pain
Look at your budget and if you can afford a lawyer who can put the reconsideration for you and also can go judicial review for you that would be good for you
Because if the judge find any Error from the officer and the judge will send your application back to HNC office for reconsideration which most likely will be approval
 
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Growing pains

Hero Member
Apr 3, 2020
405
297
Hello everyone

Wondering if somebody has the same situation as me.
A month ago i received a exclusion order by cbsa for overstating as a visitor.
Resuming my history i came to canada on august 2016 with a working holiday visa i meet my ex wife here, after my whv expired i came back to my country to work and came back to get merried with my ex wife. I came on august 2018 as a visitor and i got merried on 2019, in that period i was with a visitor status, we send the sponsorship app on july and my visitor visa was extended from august 2018 to july 2019, we thought (huge mistake) that sending the app before the visitor visa expired i will be in implied status. On september they send the package back because they miss one certificate. At that moment i fall in out of status (i didn't know it untill november 2020). Our relationship didn't work we got separated on november 2020 and she decided to withdrawal the sponsorship app. Then i start to check my status and i check that all this time since july 2018 is was out of status and yes i know was my fault for missing the information.
Well i look to any different ways to stay legally in canada because since 2016 i been very confortable with my family( aunt, uncle, cousins and made a lot of friends).
I was getting in january to send a h&c app but i recieve a call from cbsa, i got a interview the next day of the call and i receive the exclusion order for 1 year.

They gave a package for PRRA app, but i decide to don't apply because i don't feel that i can apply for it ( no risk etc) and i don't want to use something that any of you really need.
When i received the notice i say why i will do any process anymore, i was tired and really sad because i lost my wife, pet, house and i will have to say bye to my family.

Last week i hear about TRP, and i say why not look for more info so i discover this forum, reading and reading i found some imformation.
Somebody has a situation like me? I have the h & c application ready, to send also the TRP so i can restore my status, while i'm waiting for H&C. But at the same time i have the exclusion order
Hey! Sorry you’re in a lot of pickles.You should’ve have taken the PRRA because that would have been your safety net.Now,you’re at the mercy of either TRP or H&C before you can get some sort of status.Until then,CBSA will not let you rest.They will be on your neck until you have status and that’s the worst.I’d suggest you put whatever application ASAP!Also,I hope you do have a lawyer helping you because this is bigger than you think.Goodluck!
 
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Ayanna

Champion Member
Oct 4, 2020
2,029
2,343
Thanks for the response.

What do you think is the best route in this situation?

I have read on this forum that judicial review is risky, takes very long and the outcome is usually low for approval.Would you recommend putting in a new H& C application?

Secondly, from your post, it appears one cannot apply for a reconsideration of h&c application directly with IRCC. Is that correct?
this is for links for gcms note

https://atip-aiprp.apps.gc.ca/atip/privacyTerms.do

No In this situation you need a lawyer which Which is expert and if you sent it by yourself It will be rejected again or refusal in few months
 
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