Humanitarian and Compassionate Grounds Applications

Humanitarian and Compassionate (H&C) Applications are covered under Section 25 of the Immigration and Refugee Protection Act (IRPA), which is a critical part of the Act. In the last few years, the definition of who is eligible to apply under section 25 has shifted substantially. The legal standard specifies that applicants must clearly demonstrate that being forced to leave Canada would cause them unique and unfair or excessive hardship.

The application will be evaluated based on the information provided by the applicant, and a judgement will be made based on the applicant’s personal circumstances and whether or not they merit H&C attention. Only in extraordinary circumstances are applications to become a permanent resident on H&C grounds allowed. An application can take a long time to be processed.

It is impossible to predict whether or not your application will be approved. If you are refused, you should consider petitioning the Federal Court of Canada to reconsider the judgement. As described in Chapter IP 5: Economic and Cultural Establishment, many on-land H&C applications are founded to a large extent on economic and cultural establishment.

Is there a history of solid employment for the applicant? Is there a consistent trend of prudent financial management? Has the candidate become involved in the community through volunteer work, community groups, or other activities? What would be the consequences if the visa exemption application was denied – Is there a considerable degree of establishment? The amount of interdependency; support available in the home country; whether the applicant is able to work; and is there a large degree of interdependency?

When considering and deciding the facts of a foreign individual making a request under section 25(1) of the IRPA, the IRPA also cites a legislative need to consider the best interests of the child. This is one of the most powerful arguments that may be made in H&C cases. Without a doubt, H&C applications are among the most difficult for a lawyer to prepare for a client, but they may also be among the most rewarding! Contact us today for additional information about H&C applications!

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