How H&C decision makers must decide.

Canada Immigration Forum (discussion group)

Subject: How H&C decision makers must decide.
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CIC Officers will often quote Response to Information Requests RIR´s from the IRB site based on your countries National Documentation Packages.

The CIC Officer cannot use an outdated RIR to refuse your H&C application while ignoring more recent and relevant RIR´s.

There is a Federal Court decision Cepeda-Gutierrez v. MCI, in which Justice Evans held that a decision-maker is deemed to have ignored evidence where s/he fails to mention it, and where it contradicts a finding of the decision-maker.

Just because you get a refusal to your H&C application it does not mean all is lost.


(in reply to: How H&C decision makers must decide.)
Sure! What is the approval rate for H&Cs that have been previously refused?
(in reply to: How H&C decision makers must decide.)

I will not brag how many H&C cases I win but common sense has to prevail if you google my name the proof is on the internet. When it comes to H&C I know my stuff because I was an H&C Program Specialist for the Regional Manager in Ontario.

When a refusal of an H&C application is groundless or sloppy by the CIC Officer the odds are very good that a second application or Federal court application will succeed.

Of course showing the errors of the Officer and even more recent quality H&C factors when it becomes a contentious case the CIC manager will have to be informed of his staffs actions. Sending communication to the manager sometime helps greatly.

I recently had three approvals within days from the Vancouver BRO Office regarding China´s Family Planning Policy and than another sub office refused one client based on the very same additional evidence I submitted for the other three successful H&C clients.

Counsel can seek a reconsideration, Counsel can use the media, Counsel can file an application to the Federal Court.

You have to know about Mavis Baker

Here is one well know example.

This one took six months.


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