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

[canuck78]

If applicant is from stable country like India, the officer will argue that children involved would not face significant hardship if removed. That is the most important factor in H and C applications. There is a big difference between people who do not want to leave Canada vs people who could not be forced to leave (for example families from war torn countries). That is why reforms are urgently needed because majority of the backlog are cases with weak grounds.

If from a war torn country asylum is the right route not H&C. Like OINP that would take too much work so likely will cull the whole backlog and start again.

 

[canuck78]

Hi everyone! I just started reading about bill C-12. My family and I applied for H&C around July 2024 and it was refused around October 2024. We applied for a JR and the case was settled by the DOJ so our application was reopened and sent back. We submitted new documents and sent the application back around June 2025. One month later, we received instructions to do medicals from IRCC. But since then, we haven’t heard anything. Is it common for IRCC to request medicals before AIP? How would bill C-12 affect my case? I appreciate any help. Thank you.

Medicals can be done before a determination about AIP. Impossible to say what will happen to H&C. Also if backlog is culled will AIPs be treated differently? We don’t know.

 

[stallion1982]

Yes this represents a fairly typical H&C case that is in the backlog. Applying for H&C after your asylum claim has been denied is very common. In the past this case may have been approved due to BIOC and establishment in Canada. Agree that this is not what H&C was meant for.

yeah that route from refugee case failed to H&C has been used too much. Some controls are needed by IRCC to manage flow of applications coming from this route.