Updated guidance on assessing humanitarian and compassionate (H&C) applications

Dear Miss Powell,

I have lived in Canada for several years. My children are here, I work, volunteer in my community and have no criminal record. I want to apply for permanent residence, but I was told that I do not qualify for a humanitarian and compassionate application because I cannot prove enough hardship if I return to my home country. Has the law changed?

R.D.

Dear R.D.,

The short answer is no. The law has not changed. However, Immigration, Refugees and Citizenship Canada (IRCC) recently updated the guidance its officers use when assessing humanitarian and compassionate (H&C) applications. The update is important because it reinforces what Canadian courts have been saying for years: that a H&C application is about more than hardship alone.

In 2015, the Supreme Court of Canada confirmed in Kanthasamy v. Canada that H&C applications should be assessed in a broad and compassionate manner, looking at the particular circumstances of each case.

Looking at the whole person 

Under section 25 of the Immigration and Refugee Protection Act, officers have discretion to grant permanent residence, or an exemption from certain requirements, on humanitarian and compassionate grounds.

Many applicants become fixed on proving hardship. Hardship still matters, but the updated guidance reminds officers to weigh every humanitarian and compassionate factor an applicant raises, not only whether the person would suffer if required to leave Canada. Factors such as your establishment here, your family relationships, community involvement, work history, medical needs, and the best interests of any affected child must be considered all together. If you have built a life in Canada, your case may be stronger than you realise, even without extreme hardship abroad. 

The Best Interest of the Child

The best interests of a child remain central to many H&C applications. If a child would be harmed by a parent's removal, officers must examine that closely, giving real attention to the child's well-being, education, development and family stability. Many parents understandably focus on their own circumstances and do not realise how important evidence relating to their children can be. School records, medical reports, letters from teachers and proof of community ties can carry significant weight.

Additional Considerations 

The updated IRCC pages also confirm that letters from family, friends, employers, religious leaders and community members should not be discounted simply because the writer knows or supports you. Such letters help show your life and contributions in Canada. Officers are reminded to weigh all factors together. A case should not fail because no single factor seems overwhelming on its own. For many applicants, success comes from the combined weight of several considerations.

I hope this information is helpful however, if you are unsure and have other information about your case, I strongly recommend that you consult an immigration lawyer or a licensed immigration consultant to assist you with your case.

The important thing to remember is that you should not only focus on hardship alone. Tell your complete story. Explain the life you have built in Canada, the people who depend on you, the contributions you have made, and the consequences a refusal would have on you and your family. Often it is the cumulative weight of those factors that makes the difference.

Deidre S. Powell is a lawyer, mediator and author in Canada. Contact her via www.deidrepowell.com or WhatsApp 613-695-8777.