30 Humanitarian and Compassionate Application

A Humanitarian and Compassionate Application (H&C) is an application to the Immigration, Refugees and Citizenship Canada (IRCC) seeking Permanent Resident (PR)) 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 PR on a H&C basis and second, to get approval as Canadian PR 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 Best Interest of the Child 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 Refugee applications, it is not a mandatory consideration. An unsuccessful refugee applicant can apply for H&C after completion of one-year bar period from the resolution of their refugee claim. Pending H&C Application does not automatically give rise to the right to stay in Canada.

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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.

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