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

Procedural Fairness Where Credibility is an Issue

Meurrens LawHumanitarian and Compassionate

In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the submitted material … Read More

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

H&C And Keeping Families Together

Meurrens LawHumanitarian and Compassionate

There are several humanitarian & compassaionte (“H&C”) decisions involving family reunification. In Gao v. Canada (Citizenship and Immigration), 2019 FC 939, Justice Manson wrote: This erroneous approach is further evidenced by the IAD’s repeated mention of testimony by the Applicant and her husband that if one parent were forced to return to China, the entire family … 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.

National Documentation Packages

Meurrens LawHumanitarian and Compassionate, Refugees

The Immigration and Refugee’s Board (“IRB“) National Documentation Package (“NDP“) is the starting point for compiling information for a refugee case.  The NDP contains information on almost every country on earth.  Each package contains a selection of documents on human rights, security conditions, and other issues that are relevant to the determination of refugee protection … Read More

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

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.

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.

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.