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| Subject: Valid Reason for H&C |
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To All
Humanitarian and Compassionate Applications from within Canada are used by many failed refugee claimants in an attempt to remain in Canada permanently.
Any applicant has to prove that they have an Unusual and Undeserved Hardship or a Disproportionate hardship. The definition of what the officers have to consider can be found in the Inland Processing Manual IP5!
The unusual and undeserved hardship has to be something not anticipated by the Immigration act or its regulations and in most cases beyond the persons control. IP5 Chapter 6.7
To find what was anticipated by the act one needs to look no further then the objectives of the act in section 3 of IRPA. In section 3 subsection (1) (a), (f) as well 3 (3) (d) and others it is clear that an objective of the act is to treat all equally and promptly for the maximum benifit of Canada.
To write your submission for any H&C application one would have to start from the creation of the current act by reading the submission by all of the politicians to the Standing committee called Building a Nation to prove what was anticipated by the authors of the Act.
The report Building a Nation never recommended the creation of regulation 11. The Liberal government response to the report Building a Nation claimed that the auditor general in her 2000 report recommended regulation 11 but that is false.
In 1996 to complete 80% of all FSW applications it took 13 months!
In 1999 to complete 80% of all FSW applications it took 25 months!
In 2008 to complete 80% of all FSW applications it takes 67 months!
I have a letter from a former Minister of Immigration clearly stating regulation 11 was implemented to prevent applicants from hunting for the Visa Post with the best processing times therefore providing equal processing times for all. Check out any category to find if all Visa Posts have equal processing times and decisions taken meet the equality provisions of the Canadian Charter of Rights and Freedoms!
If when submitting a Humanitarian and Compassionate application never try to re-try the refugee claim "it is a dead issue". If you mention any issue of risk CIC will immediately transfer your file to the Pre Removal Risk Assessment Unit (PRRA Unit)and there your H&C application will sit until such time as CBSA calls you for a PRRA interview.
Recently in the media there has been several articles like these using a similar argument.
http://www.southasianpost.com/portal2/c1ee8c441814a61f011814ccf2000012_Waiting_game_to_get_into_Canada_is_unfair_say_MPs_and_lawyers.do.html
http://canadianpress.google.com/article/ALeqM5hbaPGMbT5ofjPjZolplEZB6dDFPg
The issue as I see it is that the Liberals created the wait times and now are using the increase that they caused to play political games with all applicants in all categories.
So if two failed refugee claimants are educated, trained and experienced equally both with 80 points because of Regulation 11 the only place they can submit a FSW application is in their countries Visa Post. The vast difference in processing times for applicants from Russia, India, China etc compared to Brazil or Peru is an excellent arguement for anyone wishing to submit an H&C application.
Check out processing times by Vegreville for H&C applications 2 months. Then a little footnote if you do not receive stage on approval and your file is transferred to your local office it (MAY) increase processing times. This fits for H&C and any spousal sponsorship application from within Canada.
I know of an applicant that submitted an H&C application (non-spousal) in May of 2003. That two weeks later CIC began working on her H&C application. That two weeks after that they transferred her application to the Local CIC office. That in August of 2005 they gave the applicant 30 days to update her application or CIC would render a decision without any updates. February 2008 they still have not rendered a decision!
How many would pay a furniture store $550.00 for a piece of furniture and wait almost five years for the furniture stores prompt delivery.
Always remember Compassion is common sense.
Roy
www.cvimmigration.com
[15-02-2008,10:22]
[**.52.218.68]
Roy |
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(in reply to: Valid Reason for H&C)
Good Info.
Thanaks Roy.
Looks like the again the liberals...to me it always looks like that they should be blamed for the huge mess in the immigration system. They only thought about political gain.
[15-02-2008,11:00]
[**.152.238.59]
Departed_Canadian |
(in reply to: Valid Reason for H&C)
I think processing time varies and depends upon case to case basis. My friend applied for H&C for his maother because nobody in his country was bale to take care of her. And her mother was in canada on visitor visa. They received a positive decision in 3 months and within next 9 months she was done with all the process and a PR in her hand. This happend not long ago. A 2 years old story! May be they are strict with failed refugees calimints.
[15-02-2008,15:42]
[***.50.205.242]
Rakesh |
(in reply to: Valid Reason for H&C)
Maybe a CIC officer that misses his/her mother or realized the application was common sense.
Roy
www.cvimmigration.com
[15-02-2008,16:01]
[**.158.52.214]
Roy |
(in reply to: Valid Reason for H&C)
My concern is as this:
"Applicants for refugee status or failed ones are always buying time. They always have a work permit ready in their hands. They have access to welfare system and also to the free legal representation. We all pay tax say the less"
Any refugee claimant or failing would ask himself/herself this: "why is the rush????"
My sincere apology for those real genuine refugees. But I also believe that the real genuine refugee are too poor and too misrerable to arrive to Canada or even to the UN refugee agents near them.
Example: I am in Cairo right now. There are, in Cairo, hundred of thousands of Iraqi refugees who have been waiting to go to Canada or anywhere to the west. My sympathy with quite a few genuine ones but most of them have bought most expensive properties, driving BMW,and also receiving UN refugee money support. I swear I am seeing (daily) some of them are driving HAMMER big cars in the street of 6 October city, great Cairo. I work for Canada from here, pay tax, have obtained the highest qualification but still can not afford the TIRES of the HAMMER. No jealousy intended LOL
Life is unfair
[15-02-2008,16:06]
[**.232.10.212]
SutarB |
(in reply to: Valid Reason for H&C)
SutarB your a fair bit off topic.
Get your facts straight please!
Failed Refugee Claimants are entitled to the protection of the Law including the Canadian Charter. Failed Refugee claimants are entitled to a work permit during their appeal process and if no appeal until they have been requested to apply for a Pre Removal Risk Assessment.
The only difference is that failed refugee claimants have to pay processing fees for their work permit applications.
Once a Refugee Claimant application is found to be negative it is not certain they will obtain Legal Aid to file an application for leave to appeal. In Ontario the Legal Aid anyone receives is so little that most quality Lawyers do not wish to take their case.
It is extremely unlikely that any Provincial Legal Aid program would provide funds for an Humanitarian and Compassionate application. No matter how deserving!
The issue is that 48% of all refugee claimants are successful regardless. That is why we have people arriving making refugee claims. You have one good point though SutarB when the government is trying to kill you it is more logical that you will walk, run or drive across to the adjoining country to make your claim. To me it is far more logical that the person who flew into Canada would make their claim at the time of their arrival at the airport and not InLand office.
SutarB I disagree with you about welfare though. I would be happy to allow a high percentage to get welfare whether deserving or not just to ensure that one child does not die due to starvation while in Canada.
As I said in this original post COMPASSION HAS TO BE COMMON SENSE!
Roy
www.cvimmigration.com
[16-02-2008,11:28]
[**.55.217.77]
Roy |
(in reply to: Valid Reason for H&C)
Roy,
When is the best time to file an H and C for a failed refugee case?
Immediately after the case is refused?
or after the Judicial review is refused?
Can one file an H and C after the PRRA is refused?
My aunt from China has just been refused at the IRB and she is now confused.
Wang
[16-02-2008,14:13]
[**.158.149.34]
Anonymous |
(in reply to: Valid Reason for H&C)
Wang
Of course as I said putting something off for tomorrow that could be done today is one issue and rushing into something to soon is another serious issue.
IP5 Chapter 11.2 speaks about establishment in Canada as well integration. Join clubs become part of your own community and not just your own personal ethnic community. If you wait until you have a negative decision to establish yourself it will count very little there is a Federal Court Decision on this issue.
When one starts a business or buys a house after being on welfare for years where did the money come from and is the establishment only an attempt to remain in Canada.
Roy
www.cvimmigration.com
[18-02-2008,08:59]
[**.52.216.37]
Roy |
PRRA, H & C (in reply to: Valid Reason for H&C)
ROY,
MY REFUGEE CASE WAS REJECTED IN AUG2007 THEN I APPLIED FOR H & C THAT IS STILL IN PROCESS. LOCAL CIC OFFICE RECEIVED IT ON 28TH APRIL 2008 FROM VIGREVILLE. CBSA HANDED ME PRRA APPLICATION. NOW MY QUESTION IS IF MY PRRA GET REFUSED AS 97% REJECTION RATE WILL I BE IN CANADA UNTILL MY H & C DECISION. WE ARE YOUNG MARRIED COUPLE DOING FULL TIME JOBS NEVER HAD WELLFARE, GOOD CREDIT RECORD. IS THERE IS ANY CHANCE WE CAN BE REMAIN IN CANADA?
[19-07-2008,02:39]
[**.13.91.97]
harry |
(in reply to: Valid Reason for H&C)
Having an H&C in progress will not prevent your removal.
So your married --- is it to a PR or CDN citizen?
If so you will have to apply for overseas spousal sponsorship because you have already received your PRRA invitation letter.
CIC will look at both your risk to life issues as well your H&C at the PRRA unit but the PRRA staff do not use the same criteria as H&C officers do.
You speak of good credit but was that established before you lost your refugee claim? Establishment as per IP5 chapter 11.2 is a funny issue.
Focus on what you have and not what you may loose. Focus on returning with a ARC and a WP depending on your occupational skills. I have been to the GTEC unit three times this week and three different CBSA claimed that PRRA decisions are taking longer and longer. Easy nine months in the GTA.
All is within reach.
Roy
www.cvimmigration.com
[19-07-2008,09:21]
[**.52.216.84]
Roy |
Re: Succesful application for mother in H&C case (in reply to: Valid Reason for H&C)
Hi Rakesh - I would be interested to get the details of your friend who was successful in getting the H&C case approved for her mother so quickly. I am in a similar situation wherein I would like to apply for an H&C for my mother who is currently on a visitor visa to Canada. You can send it to my hotmail address lalvineet@hotmail.com
Thank you,
Vineet
[28-07-2008,14:07]
[***.47.249.251]
Vineet Lal |
