Administrative Deferrals of Removal

Meurrens LawHumanitarian and Compassionate

Administrative deferrals of removal (“ADR“) are temporary measures when the Government of Canada determines that immediate action is needed to temporarily defer removals of foreign nationals to countries experiencing humanitarian crisis.  Once the situation in a country stabilizes the ADR is lifted and removals resume. Those who are inadmissible to Canada on grounds of criminality, … Read More

The Best Interests of a Child

Meurrens LawHumanitarian and Compassionate

Yesterday, an individual called wanting to know if the fact that she was pregnant would guarantee a successful H&C application because of the duty to consider the “best interests of the child.” The father is Canadian.

Deferring Removal

Meurrens LawHumanitarian and Compassionate, Inadmissibility

People who either face removal or who have received a removal order should contact a lawyer immediately to determine what their options are. The purpose of this post is to provide an overview of the legislative scheme for deferring removal orders. It provides a general framework, and cannot substitute the advice that a lawyer can give when he applies these facts to your situation.

Humanitarian & Compassionate Applications

Meurrens LawHumanitarian and Compassionate

People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate (“H&C“) grounds. Humanitarian and compassionate grounds apply to people with exceptional cases. Here are 2020 approval statistics for humanitarian & compassionate class applications. Sample Decisions Below are sample H&C decisions that were used … Read More

De Facto Family Members

Meurrens LawHumanitarian and Compassionate

Many people are often try to sponsor an adult sibling only to learn that adult siblings (and adult children) are not eligible to be sponsored under the family class. However, in certain cases, such individuals may be eligible for humanitarian & compassionate grounds as de facto family members.

Humanitarian & Compassionate Applications – The Establishment Factor

Meurrens LawHumanitarian and Compassionate

Subsection 25(1) of Canada’s Immigration and Refugee Protection Act provides immigration officers with the flexibility to grant on humanitarian and compassionate (“H&C“) exemptions to overcome the requirement of obtaining a permanent residence visa from abroad and/or to overcome class eligibility requirements and/or inadmissibilities. H&C applications may be based on a number factors, including: establishment in Canada; ties to Canada; the … Read More

Distinguishing PRRA and H&C

Meurrens LawHumanitarian and Compassionate

Failed refugee claimants, and some other types of inadmissible people within Canada, often submit both Pre-Removal Risk Assessment (PRRA) applications, as well as Humanitarian & Compassionate (H&C) ones.

War Deserters, Refugee Status and H&C

Meurrens LawHumanitarian and Compassionate

Being a war deserter does not in of itself mean that either a refugee claim or an application for permanent residency based on humanitarian & compassionate (“H&C“) grounds will succeed. Hinzman On July 6, 2010,the Federal Court of Appeal (the “FCA“) released its decision in Hinzman v. Canada (Citizenship and Immigration), 2010 FCA 177 (“Hinzman“) Hinzman … Read More

Joseph v. Canada and the Difficulty of H&C Assessments

Meurrens LawHumanitarian and Compassionate

I have previously written about the upcoming Supreme Court of Canada decision in Jeyakannan Kanthasamy v. Minister of Citizenship and Immigration in which the Supreme Court will address the following question: What is the scope of the humanitarian & compassionate discretion in s. 25 of theImmigration and Refugee Protection Act: is it limited to cases of “unusual … Read More

Awaiting Kanthasamy – And the Possible ReWriting of H&C Considerations

Meurrens LawHumanitarian and Compassionate

On April 16, 2015, the Supreme Court of Canada announced that it was reserving its decision in Jeyakannan Kanthasamy v. Minister of Citizenship and Immigration (“Kanthasamy”). When it is released, Kanthasamy may be the most significant immigration decision since Baker v. Canada (Minister of Citizenship and Immigration). As noted in the Appellant’s factum, the issue that the Supreme Court of Canada … Read More