Humanitarian and Compassionate Applications
Section 25 of the Immigration and Refugee Protection Act (IRPA) covers the Humanitarian and Compassionate (H&C) Applications, which is a very important provision in the Act. The section delineates who can apply under section 25 of the Act, which has changed dramatically in the past few years. The legal test sets out that applicants must clearly demonstrate that they would experience unusual or disproportionate hardship if they were required to leave Canada. An immigration lawyer will assist an applicant in filling out this type of sensitive application.
The Assessment
The 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 an H&C consideration. It is important to note that applications for permanent residence in Canada on H&C grounds are approved only in exceptional circumstances. The application process is quite lengthy and can take years to conclude.
Refusal of an H&C Application
The H&C application has a high threshold for approval. There is no guarantee that your application will be approved. In the case of a refused application, you may apply to the Federal Court of Canada for a review of the decision, with the assistance of a lawyer. The decision to do this will depend on the circumstances of your case.
Factors taken into Consideration for an H&C Application
An immigration officer considers various factors when determining the outcome of an H&C Application. These are as follows and in no particular order:
- Hardship if required to leave Canada
- Support available in home country
- Family in Canada
- Best interest of the child, where applicable
- History of stable employment
- Applicant’s ability to work
- Economic and cultural establishment in Canada
- Pattern of sound financial management
- Level of interdependency
- Integration into the community
- Volunteer work
- Activity involvement through community organizations
