It is generally understood that individuals applying for permanent residence can request that Immigration, Refugees and Citizenship Canada (“IRCC“) grant them an exemption from the general requirements of the Immigration and Refugee Protection Act, SC 2001, c-27 (the “IRPA“) on humanitarian & compassionate (“H&C“) grounds.
It is also possible for the Minister of IRCC to grant H&C grounds on their own initiative.
Section 25.1(1) of the IRPA states:
Humanitarian and compassionate considerations — Minister’s own initiative
25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Exemption
(2) The Minister may exempt the foreign national from the payment of any applicable fees in respect of the examination of their circumstances under subsection (1).
Provincial criteria
(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.
2010, c. 8, s. 52013, c. 16, s. 10
Examples
The following is an example obtained through an Access to Information Act request of when the Minister makes a positive H&C determination.
The following is an example obtained through an Access to Information Act request of when the Minister cancels a previously positive H&C determination.
