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

[Kate_20]

I received AIP

Submitted: end of January 2023
AOR: begin of June 2023
AIP: 13 Nov 2024

Im very happy for you!! I hope this joy bring you happiness and prosperity! Good luck

 

[HandC2024]

Great we have a moron amongst us

Sure you are one of them hhhh no need proof

can you tell me why you are still coping with life? What’s wrong with you? Hh

 

[fagsey]

I received AIP

Submitted: end of January 2023
AOR: begin of June 2023
AIP: 13 Nov 2024

@NickNick22 Big Congratulations

 

[fagsey]

Congratulations, my announcement is certainly coming soon too. Waiting since December 2022.

@Victorknow surely you will make your anouncement soon, i am steady waiting to hear your good news too. Hang in there

 

[Victorknow]

@Victorknow surely you will make your anouncement soon, i am steady waiting to hear your good news too. Hang in there

Thanks Fagsey.

 

[HandC2024]

Not sure how loving your parents has anything to do with a country guaranteeing them permanent status. Most people love their parents doesn’t mean they can all move to Canada.

Mike Tyson or Paul?

 

[HandC2024]

@Bornlucky fam, how is possible for Canadian migration refused application just in three month look at this second time H&C
Submitted 1st h&c December 2018
Refused September 2020
2nd h&c may 2021
In process July 2021
Refused August 2021
Best interest of 4 Canadian children. Establishment and hardships if we left.
https://www.canadavisa.com/canada-i...-without-failed-refugee-claim.550176/page-875

That’s so dammmmm, fam

 

[bella12]

Thanks. I've requested for GCMS notes which I'm told will take 30 days. My lawyer said he sent them a mail demanding the basis for refusal. Is it advised to wait for the reason or request reconsideration ASAP?

Hi

Its been a long time I have been on this forum to write a comment. However, in my free time, I sometimes read lot of y'all comments.

I felt compelled to respond to your post because you have been given the wrong advice on the next line of action after refusal of H&C by @scylla and your lawyer . I felt lazy to type this message because
it already past midnight here but I did not want to see you make mistake and ensure you achieve your end goal .

But first... I will like to say a shout out to all the old members of this forum during year 2020, 2021 and 2022. Some people might still recognize tho. It grwt to see myself post in this forum again. Been a while.

I notice most of y'all are new( I mean current members). Any of the old members of this forum will recognize me. I got my PR via H& C 2yrs ago. Me and some the old members at the time where the top top gurus in H&C at the time. If you scroll through every post during 2020, 2021 and 2022 , you will see all my post.

Keep in mind, I did my H&C application by myself. My first H&C application, I blindly trusted a lawyer who did the application for me and paid him about $10,000. The application was "refused". Just because you use a lawyer doesn't mean lot of these lawyers know what they are doing. I am talking from personal experience. If you are not careful, they will give you wrong advice, do the wrong thing and your application will still get refused. But.... guess what ? You still have to pay them their FULL money regardless of the quality of work and decision made on your application.

I remember after my first refusal, I hired a new lawyer from another firm. She told me that she will need to the use the court to obtain a copy of refusal letter from IRCC.

Keep in mind, when an H&C application is refused , by default, IRCC will NOT issue a copy of reason (s) for refusal. All they don is send you an email which contains letter of their decision.

You wouldn't believe the lawyer that wanted me to hire her to use the Court, I have all my documents with her for about 7 months. I waited and waited for the court . I did not hear anything. The lawyer too never bother to update. This is 7month.

At this stage, I suspected something was wrong and question if the use of court makes sense. Keep in mind that she will be charging close to about $3000 for the service to obtain a copy of reasons for refusal using the Court. I knew something was not right.

Here is what I did....

The email that was use to email me my decision letter from the Vancouver IRCC office, I sent an them an email to that same email. I wrote a professional email that is brief ( at the same time, I was humble using very soft words that will make them grant my request to send me a copy of reasons for refusal for my first H&C

Lo and behold, in less than 24hrs, their office responded to my email. In the email,it includes a copy of reasons for my refusal. My email request worked like magic.

I contacted this FRAUD of a lawyer who know NOTHING. I told her I have receive a copy of the refusal letter. She was surprised how I did it. Keep in mind that this is a lawyer that told me we will have to use the court to obtain the same letter from IRCC which she will charge me about $3000. I waited for 7month and no update. Meanwhile, I did it myself and in less than 24hrs, I receive the copy.

This is convincing that NOT all lawyers advice you can trust. Again, one thing I have notice with some is they will propose a LONGER route to their clients because they will be able to make more money off the clients. Lastly, not all are as experienced as they claim.

To prove to you again that what I said worked, there is also a old member in this forum by the name TONY ( he has now gotten his PR), I remember when his application was refused, I told him to send the Vancouver office an email requesting for a copy of his refusal letter. It worked. So many members in this forum at that time that I recommended it, all of them receive a copy of refusal letter.

So , to answer your question....

When your H&C is refused, the first step you need to do is to know the reason(s) for the refusal. Reason for refusal is what will determine what will be your best move as to whether to make a second H&C application or file for reconsideration or file for judicial review.

In most cases ( depending on reasons for refusal), I always recommend to put in a NEW aka second application. In these application, you should address all the reasons stated in your refusal letter BACKED WITH COMPELLING EVIDENCE. leave NO room for ambiguity or doubts.

I rarely recommend reconsideration because the chances of approval are slimmer than submitting a new application. During the time I was doing my H&C , it was about only 2 member that I know got approval ( which is is an extremely small number).
considering the huge number of members in the forum at the time.

For judicial review, I rarely recommend because it cost too much money. Most lawyers will recommend it it because they will be able to make MORE money.. Also, judicial review take a long time and chances for approval is also slim.

Please Note : Addressing all the reasons stated in your refusal letter BACKED WITH COMPELLING EVIDENCE should appear on the FIRST PAGE of your application. Because that is what the new IRCC officer will expect to see and read before they check the other H&C forms.

The remaining part of your H&C , you fill in the similar information you filled in the H&C forms

Once you do the above , be rest assured you have won the heart of the officer and you are one step to approval.

Remember, leave no room for doubt or ambiguity and back tour claims up with compelling evidence.

Lastly, ask someone who is NOT related to you to proof check your new application. Yes ! I said someone who is not related to you because the person will be LESS bias when he or she proof read and check your application. It will easy for the person to spot even the tiniest mistake in your application. If you give it to someone who is related to you, the person is likely to be bias......Keep in mind that decision will made base on what you submit. You will not be with IRCC to clarify any ambiguity or mistake when they working on your application.

This was all I did in my second H&C. I did it myself because I no longer trust lawyers. I got approved within 9month

I made similar recommendations to the old members in this forums during that time, and most of us got our PR....

If there are is any old member in this forum reading this post, they can attest to all what I wrote. I am sure they would recognize my name once they read this post.

Source : I am an old guru member of this forum. My first H&C application for refused when I use lawyer. Requested for refusal letter from IRCC via email use to send me decision letter. I file a new aka second H&C application MYSELF .It got approved within 9month.

Next year, I will be a Canadian citizen.


Wish you the best of luck.

 

[bella12]

@Bornlucky fam, how is possible for Canadian migration refused application just in three month look at this second time H&C
Submitted 1st h&c December 2018
Refused September 2020
2nd h&c may 2021
In process July 2021
Refused August 2021
Best interest of 4 Canadian children. Establishment and hardships if we left.
https://www.canadavisa.com/canada-i...-without-failed-refugee-claim.550176/page-875

That’s so dammmmm, fam

Yes ! It is possible.

What that demonstrates is that the applicant did not address some of reason(s) refusal for the first H&C application or again, it could be that the point presented and evidence were not compelling or convincing enough for IRCC.

This means that the applicant repeated the SAME point(s) in his/her first application in the second application. Little or no effort was put to address the concerns or reasons for refusal of first application.

During the time I was doing my application, I remember, there is an old member in this forum who submitted his second
H&C application 2 weeks before me, he got refused. I put the blame on him because he did not take his time to work in the second application.

He did not have a copy of refusal letter to know the reasons he was refusal for his 1st application.

Let me ask you, do you think it is possible for you to make a good second h&c application WITHOUT knowing the reason for refusing of 1st application ? We both know it is NOT possible because you would not know what to address or write in the second application.it was more or less he rush through the second application and recopied all his point in his first application.

For the above reasons, An applicant makes it extremely easy to take a negative decision in LESS TIME. Hence why an application can be refused within 3 month.

 

[HandC2024]

Yes ! It is possible.

What that demonstrates is that the applicant did not address some of reason(s) refusal for the first H&C application or again, it could be that the point presented and evidence were not compelling or convincing enough for IRCC.

This means that the applicant repeated the SAME point(s) in his/her first application in the second application. Little or no effort was put to address the concerns or reasons for refusal of first application.

During the time I was doing my application, I remember, there is an old member in this forum who submitted his second
H&C application 2 weeks before me, he got refused. I put the blame on him because he did not take his time to work in the second application.

He did not have a copy of refusal letter to know the reasons he was refusal for his 1st application.

Let me ask you, do you think it is possible for you to make a good second h&c application WITHOUT knowing the reason for refusing of 1st application ? We both know it is NOT possible because you would not know what to address or write in the second application.it was more or less he rush through the second application and recopied all his point in his first application.

For the above reasons, An applicant makes it extremely easy to take a negative decision in LESS TIME. Hence why an application can be refused within 3 month.

Yes I remember you and you are a good member of this platform.

to be honest I did it too, same mistake I submitted new request without knowing reasons for refusal of previous application, that’s why I’m little worry because looks like mine same timeline I shared above and they started processing application in less than 3 months according eCAS status.
Anyway thanks for your clarification.

 

[wiener]

Hi

Its been a long time I have been on this forum to write a comment. However, in my free time, I sometimes read lot of y'all comments.

I felt compelled to respond to your post because you have been given the wrong advice on the next line of action after refusal of H&C by @scylla and your lawyer . I felt lazy to type this message because
it already past midnight here but I did not want to see you make mistake and ensure you achieve your end goal .

But first... I will like to say a shout out to all the old members of this forum during year 2020, 2021 and 2022. Some people might still recognize tho. It grwt to see myself post in this forum again. Been a while.

I notice most of y'all are new( I mean current members). Any of the old members of this forum will recognize me. I got my PR via H& C 2yrs ago. Me and some the old members at the time where the top top gurus in H&C at the time. If you scroll through every post during 2020, 2021 and 2022 , you will see all my post.

Keep in mind, I did my H&C application by myself. My first H&C application, I blindly trusted a lawyer who did the application for me and paid him about $10,000. The application was "refused". Just because you use a lawyer doesn't mean lot of these lawyers know what they are doing. I am talking from personal experience. If you are not careful, they will give you wrong advice, do the wrong thing and your application will still get refused. But.... guess what ? You still have to pay them their FULL money regardless of the quality of work and decision made on your application.

I remember after my first refusal, I hired a new lawyer from another firm. She told me that she will need to the use the court to obtain a copy of refusal letter from IRCC.

Keep in mind, when an H&C application is refused , by default, IRCC will NOT issue a copy of reason (s) for refusal. All they don is send you an email which contains letter of their decision.

You wouldn't believe the lawyer that wanted me to hire her to use the Court, I have all my documents with her for about 7 months. I waited and waited for the court . I did not hear anything. The lawyer too never bother to update. This is 7month.

At this stage, I suspected something was wrong and question if the use of court makes sense. Keep in mind that she will be charging close to about $3000 for the service to obtain a copy of reasons for refusal using the Court. I knew something was not right.

Here is what I did....

The email that was use to email me my decision letter from the Vancouver IRCC office, I sent an them an email to that same email. I wrote a professional email that is brief ( at the same time, I was humble using very soft words that will make them grant my request to send me a copy of reasons for refusal for my first H&C

Lo and behold, in less than 24hrs, their office responded to my email. In the email,it includes a copy of reasons for my refusal. My email request worked like magic.

I contacted this FRAUD of a lawyer who know NOTHING. I told her I have receive a copy of the refusal letter. She was surprised how I did it. Keep in mind that this is a lawyer that told me we will have to use the court to obtain the same letter from IRCC which she will charge me about $3000. I waited for 7month and no update. Meanwhile, I did it myself and in less than 24hrs, I receive the copy.

This is convincing that NOT all lawyers advice you can trust. Again, one thing I have notice with some is they will propose a LONGER route to their clients because they will be able to make more money off the clients. Lastly, not all are as experienced as they claim.

To prove to you again that what I said worked, there is also a old member in this forum by the name TONY ( he has now gotten his PR), I remember when his application was refused, I told him to send the Vancouver office an email requesting for a copy of his refusal letter. It worked. So many members in this forum at that time that I recommended it, all of them receive a copy of refusal letter.

So , to answer your question....

When your H&C is refused, the first step you need to do is to know the reason(s) for the refusal. Reason for refusal is what will determine what will be your best move as to whether to make a second H&C application or file for reconsideration or file for judicial review.

In most cases ( depending on reasons for refusal), I always recommend to put in a NEW aka second application. In these application, you should address all the reasons stated in your refusal letter BACKED WITH COMPELLING EVIDENCE. leave NO room for ambiguity or doubts.

I rarely recommend reconsideration because the chances of approval are slimmer than submitting a new application. During the time I was doing my H&C , it was about only 2 member that I know got approval ( which is is an extremely small number).
considering the huge number of members in the forum at the time.

For judicial review, I rarely recommend because it cost too much money. Most lawyers will recommend it it because they will be able to make MORE money.. Also, judicial review take a long time and chances for approval is also slim.

Please Note : Addressing all the reasons stated in your refusal letter BACKED WITH COMPELLING EVIDENCE should appear on the FIRST PAGE of your application. Because that is what the new IRCC officer will expect to see and read before they check the other H&C forms.

The remaining part of your H&C , you fill in the similar information you filled in the H&C forms

Once you do the above , be rest assured you have won the heart of the officer and you are one step to approval.

Remember, leave no room for doubt or ambiguity and back tour claims up with compelling evidence.

Lastly, ask someone who is NOT related to you to proof check your new application. Yes ! I said someone who is not related to you because the person will be LESS bias when he or she proof read and check your application. It will easy for the person to spot even the tiniest mistake in your application. If you give it to someone who is related to you, the person is likely to be bias......Keep in mind that decision will made base on what you submit. You will not be with IRCC to clarify any ambiguity or mistake when they working on your application.

This was all I did in my second H&C. I did it myself because I no longer trust lawyers. I got approved within 9month

I made similar recommendations to the old members in this forums during that time, and most of us got our PR....

If there are is any old member in this forum reading this post, they can attest to all what I wrote. I am sure they would recognize my name once they read this post.

Source : I am an old guru member of this forum. My first H&C application for refused when I use lawyer. Requested for refusal letter from IRCC via email use to send me decision letter. I file a new aka second H&C application MYSELF .It got approved within 9month.

Next year, I will be a Canadian citizen.


Wish you the best of luck.

Addressing refusal reasons is helpful if these reasons make sense. On many occasions refusal reasons does not make sense at all. It is the officer writing excuses to refuse you. Even if you address the refusal reasons and your application land on the desk of the same officer you will be refused again no matter what. The bottomline is that H and C is very discretionary and up to deciding officer.

 

[bella12]

Addressing refusal reasons is helpful if these reasons make sense. On many occasions refusal reasons does not make sense at all. It is the officer writing excuses to refuse you. Even if you address the refusal reasons and your application land on the desk of the same officer you will be refused again no matter what. The bottomline is that H and C is very discretionary and up to deciding officer.

Thanks for the response to my post.

Base on what you said, what that demonstrates is that the applicant 's case and H&C application lacks merit.Hence the reason for endless number of refusals.

If otherwise, there is potential for refusal to be overturned by another officer if the applicant case and H&C application have merit (s).

 

[wiener]

Thanks for the response to my post.

Base on what you said, what that demonstrates is that the applicant 's case and H&C application lacks merit.Hence the reason for endless number of refusals.

If otherwise, there is potential for refusal to be overturned by another officer if the applicant case and H&C application have merit (s).

Please stop making assumptions about other applicants. What are you talking about????. Who told you applicants lack merit. There are applicants here who have children, hardships, and are from war torn countries and established in Canada for a long time, yet still refused and were only accepted after application land on desk of different officer.

 

[bella12]

Please stop making assumptions about other applicants. What are you talking about????. Who told you applicants lack merit. There are applicants here who have children, hardships, and are from war torn countries and established in Canada for a long time, yet still refused and were only accepted after application land on desk of different officer.

I don't think you clearly understood what I said. What I meant is that is that in the eyes of IRCC, the applicant 's application/case lacks merit.

It boils to how an applicant package and present their H&C arguments, immigration story and evidence.

You need to understand that even if in the "eyes of an applicant", they feel their case have merit, if the applicant don't present and package their argument(s) and immigration story properly BACKED WITH COMPELLING EVIDENCE and ensure they leave NO ROOM FOR AMBIGUITY OR DOUBT(S) in the application , it doesn't matter how their case warranty compassion, it will be "refused".

Remember, when an application is submitted, the applicant will not be at IRCC office to defend anything that is confusing in their arguments, missing or difficult to understand or something that is OPEN TO DIFFERENT INTERPRETATIONS in your submission.

IRCC make decisions base on your submission. This is why it vital to give someone who you are NOT related to proofread and check your application multiple times before submission. The person will be LESS bias and wil easily spot flaw(s) in your submission .

It worth noting that what IRCC does is that they are looking for flaws or loopholes in your arguments and immigration story that they can use as an excuse to get it refused. This is why I said you should LEAVE NO ROOM FOR DOUBT or AMBIGUITY. ENSURE YOU BLOCK or PATCH UP ANY POTENTIAL LOOPHOLE THEY CAN EXPLOIT IN YOUR ARGUMENTS that will attract refusal.

So, it is not about whether or not an applicant thinks their case and application have merit. It depends on the how the officer interpret your argument, immigration story and evidence.


One more thing I need to mention.....

The way you have to present your argument(s) overall should reflect and demonstrates that YOUR TIES TO CANADA IS "GREATER" THAM YOUR TIES TO YOUR HOME COUNTRY through your arguments such base on establishment, hardship, best interest of child, medical
etc

.this is the key thing officer is trying to access in your OVERALL in your submission. IF AN OFFICER CAN CONCLUDE THAT YOUR TIES YOUR TIES TO HOME COUNTRY IS GREATER THAN TIES TO CANADA base on your submission, there is possibility of a refusal and could be ask to go home.

IRCC do not care about an applicant "feelings". Just do the proper thing before submission.



Source : I did my application myself and was approved within 9month. Keep in mind I am single with NO kids. I also helped others that their application got approved as well.

I will not be saying something I have no knowledge about.

If in doubt, check all my post on this forum in the year 2020, 2021 and 2022. We were the top gurus during that time. Also, @Ayanna , @Kaytoon , @tony etc... I can't remember all of their names.Shout out to them all.

Wish you the best !

 

[bella12]

To anybody who need a template e-mail to request for a copy of your refusal letter from IRCC, below is a copy...

That's what I use and IRCC responded to me unless than 24hrs. If it takes longer, don't worry, they will still response.

Remember to attach a copy of your decision letter to the email


The IRCC office that email you your "decision letter "should be the office you sent an email. The email they use to send you your decision letter is the SAME email you should use to request for a copy of your refusal letter.

Like mine, the Vancouver office are the ones that refused my first H&C I gave to a lawyer. They email me my decision letter through this email

vancouverbro@cic.gc.ca

It was the same email I use to request for my refusal letter.....

Pls note : the email might have changed since it was what they use years ago..that why I recommend.you check the e-mail they use to send your own decision letter. Request for refusal letter through the SAME email




Dear IRCC officer,

I am writing in regards to my refused H & C application I receive a copy of my decision letter on ( write date here). I will like to request a copy of the reason(s) for the refusal of my application.

I have also attached a copy of my decision letter to this email to assist you with my personal information.

I will be very grateful if you can kindly email me a copy of the reason(s) for the refusal of my application at the earliest convenient time.

Looking forward to your response.

Thank you


PUT YOUR FULL NAME HERE
UCI NUMBER here
H&C application number here