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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4 Comments
  • Developmentgroup1@outlook.com'
    Manny
    Reply

    I’m in the same position my refugee claim was denied in 2008, but my dad brother and mom was accepted with the same case in 2008, now they are PR. I apply for h&C it was denied 3 times but we Appeal in the federal court and they granted the desicion to re-consideration, and they accept it was a wrong decisions, after the 3rd application in the federal court the federal court told immigration that my case they have to be re assigned to another officer, so sbout a month a go they same a negative decision provided by same officer so immigration doesn’t follow the decisions of the federal court, now they want to deport me and my family to our country. ( I don’t have a work permit since 2013 but I do have my own company.)
    I’m going to summit a motion to stay. But i have a question.
    CAN I APPLY AS A FOREING WORKER. ( I know who can contract me) with a LMIA. As experienced construction worker.???

    • info@keyorkimmigrationlaw.com'
      Carolyn T.
      Reply

      Dear Manny,

      First of all, we’re very sorry to hear about your situation. For us to better assist you, please send us an email directly at: info@canadaimmigrationlawyers.ca.

      From there we will be able to discuss your unique situation in more detail.
      We look forward to hearing from you soon!

  • euridyceenoel@yahoo.com'
    Marjorie Etienne Noel
    Reply

    I would like to know your fees for an appeal of my PRTD .

    Thank you

    • info@keyorkimmigrationlaw.com'
      Carolyn T.
      Reply

      Dear Marjorie,

      Thank you for your immigration inquiry! I’m sorry to hear that you have a situation that may require an appeal. As with any appeal process we need to discuss your situation in greater detail in order to provide you with the best legal advice. Please send us an email directly at: info@canadaimmigrationlawyers.ca.

      We look forward to hearing from you soon!

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