the Designated Foreign National of Humanitarian and Compassionate

[peace123]

If someone is a designated foreign national, he may not apply for H&C for at least 5 years after the day of his designation, or if he is 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,

he may not apply for at least 5 years after the date of the decision on that application or appel


My question:

Those asylum seekers who irregularly crossed the Roxham Road to Canada, if their asylum were rejected. Do they need to wait for 5 years for the H & C ? or wait for 12 months ?