The Difference between an H&C and a TRP Application

Meurrens LawUncategorized

In Mpoyi v Canada (Immigration, Refugees and Citizenship), 2018 FC 251, affirmed in Lee v. Canada (Citizenship and Immigration), the Federal Court of Canada stated:

The Officer was correct to conclude that he lacked the authorization to consider the Applicants’ alternative TRP request. However, his assertion that a separate application should be submitted for the TRP request constitutes a reviewable error. The Officer should have forwarded this request to the proper decision-maker upon refusing the Applicants’ application for permanent residence in Canada on H&C grounds. For this reason, and with the consent of the Respondent, the Applicants’ judicial review is granted on this issue. I find the H&C decision to be reasonable. The judicial review in relation to that matter is dismissed.

In Kaur v. Canada (Citizenship and Immigration), 2024 FC 337, the Federal Court held that the best interests of a child analysis in H&C jurisprudence does not apply in the temporary resident permit context.