Humanitarian and Compassionate Cases
One of the most discretionary areas of the Immigration and Refugee Protection Act (IRPA) is section 25 – Humanitarian and Compassionate (H&C) Applications.
Almost anyone can apply to stay in Canada on humanitarian or compassionate grounds. This includes refugee protection claimants whose claims are not approved by the Immigration and Refugee Board. (You application will not prevent or delay your removal from Canada —you must leave on or before the date stated on your removal order. Your application will still be processed even if you have to leave Canada.)
The applicant must clearly demonstrate that they would experience unusual and undeserved or disproportionate hardship if they were required to leave Canada.
Your application will be assessed on the information the applicant provides and a decision will be made based on the applicant’s personal circumstances and whether these particular circumstances merit humanitarian and compassionate consideration.
Applications to become a permanent resident on humanitarian and compassionate grounds are approved only in exceptional circumstances. It can take many years to process an application.
There is no guarantee that your application will be approved. There is no right to appeal a refused application for permanent residence on humanitarian and compassionate grounds. In some cases, however, you can ask the Federal Court of Canada to review the decision.
Many in land H&C applications are based on a significant degree of economic and cultural establishment as set out in chapter IP 5:
Does the applicant have a history of stable employment? Is there a pattern of sound financial management? Has the applicant integrated into the community through community organizations, volunteer or other activities; What hardship would occur if the application for a visa exemption were refused – The level of interdependency; Support available in the home country; Whether the applicant is able to work; and Is there a significant degree of establishment?
The IRPA also cites a statutory obligation to take into consideration the best interests of the child when examining and deciding the circumstances of a foreign national making a request under section 25(1) of IRPA. This is one of the strongest factors that can be argued under H&C applications.
There is no question H&C applications can be one of the most challenging applications for a lawyer to prepare for a client but it can also be one of the most rewarding!
If you think you have a strong basis for an H&C application or woud like more information, contact us today!
Bill C-31 has received royal assent! Please stay tuned for further updates
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Humantarian & Compassionate Cases Click Here.