Humanitarian & Compassionate

Discretion is a valuable element of Canada’s immigration program. It benefits our clients and is consistent with the objectives of the Immigration and Refugee Protection Act. The Humanitarian and Compassionate Program benefits applicants who have special and unique situations and allows flexibility to approve deserving cases not covered by the legislation. A humanitarian and compassionate assessment considers circumstances and/or factors that may be sufficiently compelling to allow for the requested exemption.

These cases are unique, in that they have the ability to cover special circumstances where the applicant is often in Canada already and would face undue hardship if required to apply for Immigration in their home country. Often they are unable to leave Canada for reasons beyond their control.

If you feel that you might have reasons to make an application under Humanitarian and Compassionate ground, please call our office so that we can review your situation at no cost or obligation to you. All inquiries are confidential.

What warrants relief will vary depending on the facts and context of the case, but officers making humanitarian and compassionate determinations must substantively consider and weigh all the relevant facts and factors before them

Considerations when processing H&C applications:

• Balance between discretion and consistency
• Onus on applicant
• Threshold of proof
• Requirement to apply for permanent residence from outside Canada
• Hardship and the H&C assessment
• Inadmissibility
• Best interests of the child
• Former Canadian citizens
• De facto family members
• Ministerial Instructions and H&C
• Dealing with family relationships
• The establishment in Canada: in-Canada applications
• Ability to establish in Canada: overseas applications
• Reconsideration of a negative decision