Humanitarian and Compassionate Considerations (H&C)
Under the Immigration and Refugee Protection Act (IRPA) there are multiple reasons for refusal of a case, however, there are also regulations that allow the officer to handle a case with exceptional treatment rather than approaching it with a strict refusal. Under section 25 of IRPA, the Minister of immigration, refugees and citizenship may exempt an individual from a requirement of the Act if it is justified by a humanitarian and compassionate consideration. An H&C discretion may be requested by the applicant both from outside and inside Canada. This must not be confused with H&C grounds application. H&C PR application can be seen as a pathway available for people who have established close ties to their Canadian community and made Canada their home but do not have legal status and are not eligible to apply for permanent residency through other available pathways for certain reasons. Through this channel applicants are required to demonstrate that they have compelling reasons to remain and live in Canada based on their establishment, separation from family members in Canada or due to the best interest of their child and hardship they would suffer in their home country should they return.
Compelling reasons to apply for H&C:
- Hardship or difficulties you may face should you return to your home country
- Being established or settled in Canada
- Best interest of a child who is living with you in Canada
- Social ties to Canada and your community in Canada
- Mental and physical health concern that will worsen if not granted PR