Permanent Residents

Overview

Humanitarian and Compassionate (H&C) considerations, under subsection 25(1) of the Immigration and Refugee Protection Act (IRPA), offer relief for those who do not meet the criteria of standard immigration categories. This provision caters to individuals facing significant hardships if required to leave Canada. It also assists those applying from outside Canada who need exemptions from the IRPA requirements, enabling them to overcome various inadmissibility issues and other barriers in their application process.

‍Eligibility Criteria

To qualify for H&C considerations, applicants must demonstrate that they face undue or disproportionate hardship compared to the average person who might be removed from Canada. Although there is no specific "hardship test" under subsection 25(1), the assessment of hardship remains a crucial part of determining if sufficient H&C grounds exist to justify granting an exemption or permanent resident status. The factors considered can include:

• Severity of hardship: Assessing the significant impact of leaving Canada, including potential dangers or instability in the applicant’s home country.
• Establishment in Canada: Evaluating the extent of the applicant's integration into Canadian society through employment, community involvement, and social connections.
• Family ties: Examining close relationships with family members in Canada, particularly with Canadian citizens or permanent residents.
• Best interests of children: Prioritizing the well-being and future opportunities of children, ensuring that their best interests are a primary consideration.
• Health considerations: Including any health issues that cannot be adequately addressed in the applicant's home country.
• Consequences of separation from relatives: Considering the emotional, financial, and social impact of separating the applicant from relatives living in Canada.
• Discrimination: Factoring in any discrimination that the applicant might face in their home country that significantly affects their basic rights and freedoms.
• Adverse country conditions: Considering the overall conditions in the applicant's home country, including war, disaster, or other factors that pose a risk to their safety, security, or well-being.

These criteria underscore the need to comprehensively document and substantiate the request for H&C considerations based on the individual's unique circumstances.

H&C Relief from Inadmissibility

H&C requests for relief can also assist individuals who are otherwise inadmissible to Canada. This could be due to past criminality, health grounds, or financial reasons, where compelling reasons exist for exemptions. It’s important to note that serious criminality, security, or human rights violations typically cannot be addressed through H&C applications.

Importance of Legal Representation

The complexity of H&C applications and requests for relief, especially when addressing issues like inadmissibility, underscores the importance of professional legal representation. Immigration lawyers ensure all relevant evidence is thoroughly and accurately presented, guide applicants through the application process, and navigate the procedural requirements of Canadian immigration policy. The onus is on the applicant to provide all supporting documents to substantiate their application or request.