Deportation does not prevent a humanitarian application from being approved

Jenny Rokhline
August 26, 2022
Deportation does not always mean that your chances to remain in Canada are nil. When a strong application is filed on time and properly, there is a chance that you will be able to return to Canada as a resident.

According to the statistics, your chances of having a humanitarian application approved if you are deported from Canada are slashed in half. This is because now that you have been removed half of your humanitarian arguments are no longer valid: you are already living in the country where you claimed you will face hardship, you are already in the alleged danger, you lost your strong connection to Canada, so the officer could easily discount your pleas for compassion.

When Greg came to our office, he already had a deportation order in his hand. He and his big family, including minor children, were set to be removed from Canada in two months. He wanted us to help him to delay this deportation. Greg showed us that he already applied for the Humanitarian and Compassionate (H&C) considerations to remain in Canada as a Permanent Resident. The problem was that his application was prepared by a ghost consultant – a person who claimed they knew what they were doing, collected a very big sum of money from Greg for their “legal knowledge” and prepared a sub par H&C application. It was so bad that for legal submissions – the part where one should explain to the officer why the H&C exemption should be granted included only a printout from the Immigration Canada website explaining what H&C was. There were no supporting documents, no explanations – nothing. It was clear to us that this application would be refused, and soon.

Greg needed this H&C application fixed, and this is what we offered him to do (for half of what he paid to his ghost consultant). During our work with Daniel we found that a lot of the information on the immigration forms was incorrect or plain wrong. Tirelessly, for one whole month we worked with Greg and his family to improve his already filed H&C application. We helped him to put forward his statements, letters of supports from his work, his friends and his community. This application was a masterpiece, really. It was long, detailed, with every possible officer’s concern addressed. We paid close attention to the Best Interests of Greg’s children – a big component of any H&C application involving minors. The update on the H&C was submitted just in time. A few weeks after Greg and his family had to appear at the airport for removal.

We tried to fight this removal in court, asking the judge to delay this deportation until the H&C was decided, but we not successful. In 2019, Greg and his family were returned to a country where he hasn’t lived for more than 20 years.

So what happened?

After two year of processing (a standard processing times nowadays for any H&C application) the H&C application was approved. Immigration Canada has found that Greg and his family have sufficient H&C ground to be granted resident status in Canada! Greg and his family are currently finalizing their paperwork to come and land in Canada as landed immigrants.

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