Humanitarian and compassionate Grounds
H&C can be beneficial to some individuals such as:
For those who are not able to become a Permanent Resident of Canada they may be eligible to apply under Humanitarian and Compassionate Grounds.
Applications under this category are dealt with case-by-case and the following factors considered :
• Best interest of child
• Family ties in Canada
• How settled the person is in Canada
What would be the outcome if not accepted under H&C?
Applicants who have pending Refugee application cannot apply under H&C unless they withdraw.
You will not be able to apply if you have had a negative decision from IRB within the past 12 months. This is called the “one year bar”
The “one year bar” does not apply only under 2 circumstances:
• If you have a child under 18 that would be affected if removed from Canada
• If there is life threatening medical issue that cannot be treated in home country.
Designated Foreign Nationals
• Group of people that enter Canada against the law are considered “irregular arrival”.
• People under this category must wait 5 years before applying under H&C
• If you are ordered to leave/removed from Canada you may apply under H&C, however, you have to leave on the date for your removal until a decision is made under H&C.
• Rejected H&C applications will not be eligible to Appeal. Only in some cases you may ask for the Federal Court to review it.
Assessment
