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

canuck78

VIP Member
Jun 18, 2017
53,022
12,782
Hello guys one of my aunt need clarification
If any ones has experience plz reply
My aunt apply H&C interest in grand child

application received may 2022
eligibility pass
Background pass
Medical pass ( she did 2019 when she get super-visa from back home )
When we ask Niagara Falls office
They said in email when I ask for status >>

>> Thank you for your email. I am awaiting approval for the medical extension requested <<
What does means plz explain clearly
If she only did a medical in 2019 it is no longer valid. It would have been much easier to repeat the medical.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,782
if processing times are longer than what they have listed on the CIC website anyone can file the mandamus order with court. All public officials are OBLIGATED to process application within processing times. If they delay they can be sued. It's very popular in USCIS. Lots of applicants sue the govt for delaying processes and they win most of the time. Remember IRCC does not like checks and balances especially Federal court :) those responsible officers should be accountable for their work just like we are for our work. Plus they get paid because of our gov't filing fees which are thousands of dollars wasted.
Posted processing times are estimated averages. There are no fixed processing times. If processing times are significantly longer than average current procession times or if your application is taking significantly longer (for example 1 year) longer than other cases than you can file for mandamus. H&C applications are exceptional circumstances and processing times have increased due to the increased number of applicants. The workers are doing their jobs but they have significantly more files. Unless you are waiting 3+ years for your H&C file you will not have grounds for mandamus.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,782
Officer should be processing applications on time. If he/she is lazy to work they need to be held accountable. They cant play around with applications.
There is no set processing time. H&C are supposed to be exceptional circumstances but the number of applications have skyrocketed. If you have significantly more cases but the same amount of staff wait times will increase. Before you say we should hire more people please look at our deficits. Things like preventing multiple H&C cases and screening files to ensure people are not trying to circumvent the PGP process would be ways that would reduce H&C wait times.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,782
Is this will negatively affect their decision on the application. Since H&C is dependent on the officer
Shouldn’t but unless processing times are significantly longer than current processing times you won’t be granted mandamus for H&C. It will also cost 5k+.
 
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Kate_20

Star Member
Aug 13, 2011
93
50
Posted processing times are estimated averages. There are no fixed processing times. If processing times are significantly longer than average current procession times or if your application is taking significantly longer (for example 1 year) longer than other cases than you can file for mandamus. H&C applications are exceptional circumstances and processing times have increased due to the increased number of applicants. The workers are doing their jobs but they have significantly more files. Unless you are waiting 3+ years for your H&C file you will not have grounds for mandamus.
I was thinking of filing mandamus as soon as it's passed the processing times. I heard CIC had issues in the past where one officer was burying files in the floor under his desk. They found out about it when the office was going through renovations. 10s of files were buried by the officer that were untouched for years. Also there was an article recently published how CIC assigned some immigration cases to officers who were no longer employed at CIC and the cases were untouched for years and years. No excuse for the officers to sit on files for years. Application fees are super high so we pay them for their work and they need to do their job just like everyone else. We need to be patient since it's H&C but clock it ticking once application is submitted and fees are paid.
 

Kate_20

Star Member
Aug 13, 2011
93
50
There is no set processing time. H&C are supposed to be exceptional circumstances but the number of applications have skyrocketed. If you have significantly more cases but the same amount of staff wait times will increase. Before you say we should hire more people please look at our deficits. Things like preventing multiple H&C cases and screening files to ensure people are not trying to circumvent the PGP process would be ways that would reduce H&C wait times.
Agreed. Everyone I know around me is applying for H&C for PGP especially when they heard that certain nationals can now bring their parents, grandparents, children, spouses, siblings, plus half siblings in Canada and the program is open for them while Canadian citizens have been waiting for 10+ years to sponsor parents and they have officially closed the lottery. Only way for them to have parents here are now H&C so they are all applying like never before. this will certainly delay the H&C processing times.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,782
I was thinking of filing mandamus as soon as it's passed the processing times. I heard CIC had issues in the past where one officer was burying files in the floor under his desk. They found out about it when the office was going through renovations. 10s of files were buried by the officer that were untouched for years. Also there was an article recently published how CIC assigned some immigration cases to officers who were no longer employed at CIC and the cases were untouched for years and years. No excuse for the officers to sit on files for years. Application fees are super high so we pay them for their work and they need to do their job just like everyone else. We need to be patient since it's H&C but clock it ticking once application is submitted and fees are paid.
That is such a small fraction of cases the majority of IRCC workers do their jobs and process their files. Applications fee you pay cover a small fraction of the actual processing costs for an H&C application. Taxpayers subsidize all IRCC applications.
 

canuck78

VIP Member
Jun 18, 2017
53,022
12,782
Agreed. Everyone I know around me is applying for H&C for PGP especially when they heard that certain nationals can now bring their parents, grandparents, children, spouses, siblings, plus half siblings in Canada and the program is open for them while Canadian citizens have been waiting for 10+ years to sponsor parents and they have officially closed the lottery. Only way for them to have parents here are now H&C so they are all applying like never before. this will certainly delay the H&C processing times.
The Ukranian program allows you to get a WP not PR. The only program that is allowing people to bring in extended family for PR is the recently announced 11k for family members from Haiti, Venezuela and Nicaragua (think I got the countries right). Blame people applying for H&C for their parents when there is a process for your parents to visit or immigrate which are supervisa and PGP. Parent sponsorship is not guaranteed and given the healthcare crisis it’s amazing you can sponsor any parent or grandparent. Yes most will likely be denied and it will cost the government a fortune to process the H&C claims and the wait times for H&C will increase dramatically so people will end up waiting 3 years for their H&C probably.