H&C Humanitarian Ground with/or Without Failed refugee claim
- Thread starter TheWaitingGamer
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SINGHQ0G
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Would ignore those dates they are for internal use and are regularly pushed back. The best guess at processing time would be comparison to others who applied in a similar dates (although processing is not strictly chronological) and the processing time tool from IRCC. Processing times will depend on quotas every year and whether there are any changes to the quotas. At the moment quotas are scheduled to decrease over the next 2 years. If at all possible people should be trying to qualify for other PR pathways. H&C does not prevent removal so many will be removed while waiting for their H&C to be processed.
Federal Court officially opened the door against the Respondent! For cases involved unreasonably delayed processing applications.
https://www.thestar.com/news/canada...cle_586be97d-1043-41e4-a9b6-5e9622ce8c10.html
https://www.thestar.com/news/canada...cle_586be97d-1043-41e4-a9b6-5e9622ce8c10.html
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You should have also mentioned plan D instead keep saying 10 years processing time which is not even logic and correct it’s rather delusional somehow.
If you check recent Federal Court rulings for PR application that’s unreasonably keep getting delayed eventually court opened the door against IRCC which is another wasting time and resources for authority.
See this article was shared by a news paper even not migrants friendly I was surprised how they shared on their media.
This is not only a decision but now it’s a CaseLaw!
If you check recent Federal Court rulings for PR application that’s unreasonably keep getting delayed eventually court opened the door against IRCC which is another wasting time and resources for authority.
See this article was shared by a news paper even not migrants friendly I was surprised how they shared on their media.
This is not only a decision but now it’s a CaseLaw!
Before celebrating this could actually push the government to take much more drastic action than they currently are when it comes to especially general H&C. This was an economic program with specifications on who qualifies to apply so not the same as general H&C and we haven’t seen if the government will fight this ruling given the potential consequences. That said judges were getting fed up with long processing times so the government was going to have to do something when it comes to certain programs with very long processing times. This may push IRCC to shut down programs and let people sue while making it difficult for people to remain in Canada while the issue likely made it’s to the Supreme Court.
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10 years is actually shorter than expected processing time for a large percentage of applications if you look at the quota and number of applications. Processing time is actually decades for most general H&C applications (think it may be up to 50+ yrs for recent applications) unless quotas increase dramatically and the number of applications/applicants slows down. Case law was for an economic PR program specifically caregiving given that JR ruling mentions that the need for a caregiver tends to be more time sensitive than other types of applications. Doesn’t mean that application will be approved or that IRCC won’t fight the ruling or take more drastic action like cancelling programs if they will be forced to make decisions and ignore their levels plan or response to any changes in Canada in terms of things like labour demands. They already cancelled other programs with very long processing times. Many never consider some of the options like learning French, returning home to pursue further studies/work and then applying for PR, etc. because they view it as too difficult or they don’t want to leave Canada, etc. These options would actually be easier and faster pathways to PR for many applicants and would give people more control over their future versus losing status and trying to fight removal orders which is what will happen for many applicants. Many provinces are already making it harder to remain in Canada without status.
I’m assuming when it comes to immigration files, FC , FCA and even Supreme Court they don’t make this differentiation among economic program , non economic programs or even family class as you did this separation, because I guess high court will treat all immigration applications under this standard act which is apply for all immigration matters; IRPA and IRPR.
Not sure why you did split it to several categories while all built up under Immigration and Refugee Protection Act (S.C.2001, c. 27) so DOJ is applying all standard rules and Case law for the department of immigration fairly as they claim it to be plus of course, judges are highly influences on cases whether the Judge is Liberal or extremist conservative as we have seen many decisions and at the end depends on how you are lucky.
Not sure why you did split it to several categories while all built up under Immigration and Refugee Protection Act (S.C.2001, c. 27) so DOJ is applying all standard rules and Case law for the department of immigration fairly as they claim it to be plus of course, judges are highly influences on cases whether the Judge is Liberal or extremist conservative as we have seen many decisions and at the end depends on how you are lucky.
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This ruling is a huge deal. It means IRCC can't just leave people waiting forever anymore, and it absolutely applies to H&C applications too. Hopefully, it finally forces them to fix these crazy processing times.
I don't think it does mean that IRCC can't extend processing times. Reviewing the actual judgement, it clearly states the minister can set processing times and priorities for application types. The issue in this case was a second Ministers Insteuction was issued that didn't provide transparency or justification for the change. It offers that the Ministers Instruction itself was the justification, which the court determined was not the case. Unless any Ministers Instructions initiated in other immigration streams meet the same criteria, I doubt this will change much regarding processing times, provide those time are accompanied by reasonable and clear justification for the delays. The other consideration is this does not offer a positive result regarding the status of the applicants PR application. It just requires IRCC to decide. The judgement could ultimately result in a positive or negative result, as long as a result is provided in 60 days.
https://www.canlii.org/en/ca/fct/do...05:53:16:041/493b7bdcdc9a4c97b05ee0effd3a4d60
As someone has already pointed out if you read the actual judgement the information is quite different than what the article presents. In the ruling one the reasons given is that this case involves caregiving which is likely more time sensitive than other categories. I also can’t imagine that the government won’t attempt to appeal this ruling.
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Your case can’t be the same because you didn’t apply to be a caregiver. You are also ignoring the fact that economic immigration programs give out exact criteria to determine who qualifies to apply which is very different than H&C. In the judgement it also specifies that caregiving economic immigration programs are likely more time sensitive program. Most of the judgement reinforces that the minister needs to be more detailed as to why processing times have changed.
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