What Do I Do If My Humanitarian And Compassionate Application Has Been Refused?


Mary Keyork
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Humanitarian & Compassionate Application refusal: What can I do?

I was refused applied for permanent residence in 2007 under the humanitarian and compassionate category in applied for permanent residence in 2007 under the humanitarian and compassionate category in Canada. I have been in Canada for 10 years, I have been working and paying taxes, and I have two Canadian-born children. Yesterday, I received a letter refusing my application for permanent residence which took more than five years for them to consider. I do not know what I should do now and I am very worried about returning to China. What are my options? Will I be deported?

You will not be deported from Canada until you have completed the Pre-removal Risk Assessment (PRRA) and you have a valid travel document to return to China. Before that happens, you need to decide whether to challenge the decision that has just been made or to re-apply on humanitarian grounds. As you have Canadian children and have been in Canada for a significant period of time, you may have a strong case. Lately, CIC has decided that it will not advise applicants when the officer is ready to make a decision, so it is very important for all applicants to constantly update their files. As you now have a refusal, you only have 15 days to apply to the Federal Court for Leave and for Judicial Review, so you need to decide whether this option is viable as soon as possible. You could also re-apply for consideration on humanitarian grounds, providing detailed submissions and a large number of documents as evidence to support your application. As new applications are being considered much faster now, there may be sufficient time. You must obtain proper advice from an immigration lawyer immediately to determine the best strategy for you.

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ABOUT THE AUTHOR
Mary Keyork provides Immigration Law services for hundreds of immigration applications in all categories and has appeared before all three divisions of the Immigration and Refugee Board as well as at the Federal Court of Canada, successfully representing clients in complex immigration applications and hearings.
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