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humanitarian and compasionate

Hodgealice

Newbie
Oct 28, 2017
2
0
hello anybody i have an urgent query please HELP!
My brother was declined asylym and advised by lawyer not to appeal with no new evidence, he has waited out his 1 year period and basically has no status in Canada and does not have a work permit is humanitarian and compassionate the best way forward for him to gain permanent residence?
 

Buletruck

VIP Member
May 18, 2015
6,667
2,521
Others can confirm, but I don’t believe he will be eligible to apply for H&C for 12 months. If you haven’t already, you should feed the following;

http://www.cic.gc.ca/english/information/applications/guides/5291ETOC.asp

In particular this;

Designated Foreign National

The Minister of Public Safety advises individuals when they become a designated foreign national.

If you are a designated foreign national, you may not apply for H&C for at least 5 years after the day of your designation, or if you are a designated foreign national and made a:

  • refugee claim at the Refugee Protection Division, Immigration and Refugee Board (IRB),
  • appeal to your rejected refugee claim (at the IRB’s Refugee Appeal Division), or
  • application for a Pre-removal Risk Assessment,
you may not apply for at least 5 years after the date of the decision on that application or appeal.

In addition you may not apply for H&C consideration if you:

  • had a refugee claim that was rejected (including claims that were abandoned) within the last 12 months by either the Refugee Protection Division or the Refugee Appeal Division of the IRB, or
  • withdrew a refugee claim within the last 12 months, unless the claim was withdrawn before your hearing at the IRB.
 

scylla

VIP Member
Jun 8, 2010
92,538
20,360
Toronto
Category........
Visa Office......
Buffalo
Job Offer........
Pre-Assessed..
App. Filed.......
28-05-2010
AOR Received.
19-08-2010
File Transfer...
28-06-2010
Passport Req..
01-10-2010
VISA ISSUED...
05-10-2010
LANDED..........
05-10-2010
hello anybody i have an urgent query please HELP!
My brother was declined asylym and advised by lawyer not to appeal with no new evidence, he has waited out his 1 year period and basically has no status in Canada and does not have a work permit is humanitarian and compassionate the best way forward for him to gain permanent residence?
H&C has very low approval rates. What H&C grounds would he be claiming?

If he qualifies to apply for PR through one of Canada's economic immigration programs like Express Entry - this would be the best option. Unfortunately he can't apply from within Canada since he's out of status. He would need to leave Canada and apply from outside.