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

Bijays

Star Member
Aug 27, 2021
52
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I think the bar you are referring to is the bar preventing HC application from being submitted following a negative decision from IRB, which gets relaxed if you have a child. For PrRA, the bar is pretty firm: https://www.canada.ca/en/immigration-refugees-citizenship/corporate/publications-manuals/operational-bulletins-manuals/refugee-protection/removal-risk-assessment/applications-intake.html

Generally, it all comes to the discretion of the CBSA officer that handles your case. Some are "nice" and hand it out without you even asking, like in my partner's case. He is not from a high risk country, but the officer was mindful of the fact that I am Canadian citizen and we have a Canadian child. I guess he just felt personally sorry for our case and I do recognize that he was "exceptionally" nice. But others would not offer PRRA, especially if they want to meet their removal targets. I observe that in larger cities CBSA officers are pretty determined to remove. For example, while Ottawa had their removals on hold last year due to covid (lucky us!), Montreal was removing people right and left as if there was no tomorrow.

There is no requirement to be from a particular Country to be qualified for PRRA but you have to demonstrate, verbally, during your pre-removal interview, that your life will be at risk. Once they hear those hint words "risk" and "life", they have a certain protocol to follow. Try this strategy at your next meeting and fingers crossed. No guarantee that it would work with your officer, but what else can we do other than trying? You have not lost this battle yet. Patience, my friend.
Thank you for valuable suggestions and encouragement @ katayoon
 
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Growing pains

Hero Member
Apr 3, 2020
466
414
One point to note, and I think not many realize it, is that the successful outcome of JR is not an approval, but rather judge's decision that application should be reconsidered by another officer. And guess what? That new officer still can reject your file! So, whether you do JR or a re-submission, your file still has to go to another officer: with JR, you are just adding an addition layer of complexity ($$$$ + long waiting).
I think most people go with JR because it blocks CBSA from being on your case since H&C doesn’t give status
 
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Katayoon

Champion Member
Nov 19, 2011
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I think most people go with JR because it blocks CBSA from being on your case since H&C doesn’t give status
Yes thanks for valuable note. We did JR in 2018 for the same reason - it did defer removal for a few months, but once JR was refused, CBSA was again all over us and we had to resort to PRRA to "procrastinate" removal further (also rejected at the end, of course). So Both tools are there primarily to defer removal, but with very little chance of giving status at the end...
 
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Lila123

Star Member
Jan 25, 2021
77
157
my medical form came the same day as my AIP and that was in July of this year.
hi,
I'm new on this forum ,but been reading different stories ,i pray everyone in a sad situation receive good news. I had a failed refugee claim, applied for H&C in May, AOR in June, processing in August , AIP in Nov. waiting for the medical form. Please how long does it take to get a medical form? I have 30days to submit the requested document
 
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R Brar

Star Member
May 28, 2015
181
146
One point to note, and I think not many realize it, is that the successful outcome of JR is not an approval, but rather judge's decision that application should be reconsidered by another officer. And guess what? That new officer still can reject your file! So, whether you do JR or a re-submission, your file still has to go to another officer: with JR, you are just adding an addition layer of complexity ($$$$ + long waiting).
True, JR positive outcome is sent to another officer for consideration. The officer reconsiders the application afresh and the points raised in the judgement as well.
 

Marydivya

Star Member
Jun 1, 2021
125
20
For my father's file we received a request for medicals, police certificate, proof of income, passport pages, and to resubmit updated forms on March 6, 2020. Our deadline for the medical was 30 days from March 6 and for the rest of the documents it was 60 days from March 6. Due to COVID-19 we had to ask for extensions 3 times.

The last document we submitted was on May 20, 2020. And we got our CoPR in e-mail on May 27, 2020. The e-mail gave instructions to send a picture for the issuance of the PR card. The picture was received by the IRCC office on June 1, 2020. The letter advised there could be a delay in the printing of the PR card due to COVID-19 as staff was working at reduced capacity.

Hope this helps you some.
Hi for H&C what is the photo specification?It does not says in website. Thanks
 
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Katayoon

Champion Member
Nov 19, 2011
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I am bn sponsored under h&c
My friend, at least you do not have CBSA all over you (I think you are waiting overseas?). Believe me it is no fun to live years, waiting to get deported any day and fighting for every little month to defer it. Everything will come in good time. Patience is the key skillset dealing with IRCC. Good luck