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

Ayanna

Champion Member
Oct 4, 2020
2,074
2,397
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?
There is no appeal for h&c application judicial review the considerations or reapply
You have three options
 
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Growing pains

Hero Member
Apr 3, 2020
412
306
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.
Hi there,if I were in your shoes,I’d rather re-apply with a new lawyer plus more proof that’d help my case.Judicial review can take forever; whereas if you reapply,you’d get a feedback quickly since you’re already in their database.For now,work on getting a better lawyer! Goodluck
 

Ayanna

Champion Member
Oct 4, 2020
2,074
2,397
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
Hi there
I will tell you The truth
You are now in Cbsa hand and soon your everything will be rejected and they will make sure you go back to your country easy way or the hard way But you have only one chance the PRRA application that’s it then you can apply for H&c Which most likely You h&c chances Are very slim too
 
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bella12

Star Member
Jul 10, 2019
156
114
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
Thanks for the response.

I have read in this forum that judicial review is risky and the outcome is mostly negative. Sweetchild attests to this claim because sweettchild said she made a judicial review right after the first H&C application. Unfortunately, it was refused. She said she made a new H& C application and her application got approved.

This brings me to my next question, Which route would you recommend would be the BEST ( new H&C application or judicial review) route to resolve my situation that improves the chance of approval?
 

bella12

Star Member
Jul 10, 2019
156
114
Hi there,if I were in your shoes,I’d rather re-apply with a new lawyer plus more proof that’d help my case.Judicial review can take forever; whereas if you reapply,you’d get a feedback quickly since you’re already in their database.For now,work on getting a better lawyer! Goodluck

Thanks for the response.

I am considering putting a new application and getting a new lawyer. here are few questions I will like to ask you

1) 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) you apply for a judicial review?
3) what is the grounds of your new h& C application that got approved?
4) what is 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?
6) did you use a new lawyer for your new application and was it approved?

hope to hear from you soon
 

Growing pains

Hero Member
Apr 3, 2020
412
306
Thanks for the response.

I am considering putting a new application and getting a new lawyer. here are few questions I will like to ask you

1) 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) you apply for a judicial review?
3) what is the grounds of your new h& C application that got approved?
4) what is 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?
6) did you use a new lawyer for your new application and was it approved?

hope to hear from you soon
My H&C did not get refused but i waited almost a year before approval.My H&C was establishment and medical reasons.The waiting period was really hard and it took a toll on my mental health.I thank God I got approved cuz I know what it feels like to be refused.
I only suggested a new lawyer because some of these lawyers have more experience than others
 
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Ayanna

Champion Member
Oct 4, 2020
2,074
2,397
Thanks for the response.

I have read in this forum that judicial review is risky and the outcome is mostly negative. Sweetchild attests to this claim because sweettchild said she made a judicial review right after the first H&C application. Unfortunately, it was refused. She said she made a new H& C application and her application got approved.

This brings me to my next question, Which route would you recommend would be the BEST ( new H&C application or judicial review) route to resolve my situation that improves the chance of approval?
Thanks for the response.

I have read in this forum that judicial review is risky and the outcome is mostly negative. Sweetchild attests to this claim because sweettchild said she made a judicial review right after the first H&C application. Unfortunately, it was refused. She said she made a new H& C application and her application got approved.

This brings me to my next question, Which route would you recommend would be the BEST ( new H&C application or judicial review) route to resolve my situation that improves the chance of approval?
If I was your shoe I will go both route but it’s all up to you for some people work judicial review and for some people works reapply or reconsideration
 
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bella12

Star Member
Jul 10, 2019
156
114
My H&C did not get refused but i waited almost a year before approval.My H&C was establishment and medical reasons.The waiting period was really hard and it took a toll on my mental health.I thank God I got approved cuz I know what it feels like to be refused.
I only suggested a new lawyer because some of these lawyers have more experience than others
did you use a lawyer for your application?
 

LittlePrinc

Star Member
Feb 20, 2020
85
31
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.
Hi Bella12, I am sorry to hear about your refusal. Do you know what office processed your application?

If I were in your shoes I would do re-apply with another lawyer.
 

bella12

Star Member
Jul 10, 2019
156
114
If I was your shoe I will go both routes but it’s all up to you for some people work judicial review and for some people, works reapply or reconsideration
Both routes at the same time will cost huge money which is a big burden except if the service is free. we all know it is not free. Bear in mind, I already use a lawyer for my application. it cost me about 7500 dollars.

That is why I am asking for the best option to use..I am also considering getting a new lawyer. If you pick either, which one will you pick( judicial review or new application)? lastly, do you know any lawyer that specializes in h&c application?
 
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