37 Humanitarian and Compassionate Application

A Humanitarian and Compassionate Application (H&C) is an application to the Immigration, Refugees and Citizenship Canada (IRCC) seeking ) status in Canada, on the grounds of “humanitarian and compassionate” reasons. The Applicant has to demonstrate the consequences they would face if they were to return to their own countries. The H&C application is a two-stage process: first, getting the approval to apply for on a H&C basis and second, to get approval as Canadian status. There are two stages of approval. IRCC has a wide “discretion” in such applications, but they are obligated to consider all evidence presented, and the involved. If the Applicant has connections with Canada or has been contributing meaningfully, it could be supportive of the application. The IRCC has to consider family violence as a factor but unlike applications, it is not a mandatory consideration. An unsuccessful can apply for H&C after completion of one-year bar period from the resolution of their claim. Pending H&C Application does not automatically give rise to the right to stay in Canada.

Media Attributions


Icon for the Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License

Domestic Violence in Immigrant Communities: Case Studies Copyright © 2020 by Ferzana Chaze, Bethany Osborne, Archana Medhekar and Purmina George is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License, except where otherwise noted.

Share This Book