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February 26, 2023

African Immigrant’s Guide to Overcoming a Denied H&C Application

When an individual’s application for permanent residence on humanitarian and compassionate (H&C) grounds is denied, it can be a difficult and stressful situation. However, it is important to understand that there are options available to individuals in this situation.


One option is to appeal the decision to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB). The individual will have 30 days from the date of the decision to file an appeal. The IAD will consider new evidence and may overturn the decision if they find that the original decision was not reasonable.


Another option is to apply for a pre-removal risk assessment (PRRA). This is a process where the individual can apply for protection in Canada if they fear persecution or danger in their home country. The individual must prove that they would face a risk to their life, liberty, or security if they were removed from Canada.


Additionally, if the individual is able to find a Canadian citizen or permanent resident who is willing to sponsor them, they may be able to apply for permanent residence through the Family Class sponsorship program.


It’s also important to consider that the individual may be eligible for a Temporary Resident Permit (TRP). This permit allows an individual to remain in Canada temporarily, despite being inadmissible, for reasons such as compassionate grounds, medical reasons, or for business reasons.


At Empire Fly, our team of seasoned immigration consultants is well-equipped to assist individuals from Nigeria and other African countries in navigating the process of appealing a denied H&C application, ensuring they grasp their available options. We can also assist in gathering new evidence and preparing the appeal, as well as provide guidance on how to proceed, whether it’s through an appeal or seeking relief from deportation.


In conclusion, if an H&C application is unsuccessful, it’s important to understand that there are options available to individuals. These options include appealing the decision, applying for a pre-removal risk assessment, or finding a sponsor. Empire Fly is dedicated to offering guidance and assistance to individuals from Nigeria and across Africa, aiding them in comprehending their options and navigating the process effectively.