In Canada, refugees who have had their claims denied still have a chance to remain in the country under certain circumstances. One such option is applying on Humanitarian and Compassionate (H&C) grounds. This type of application allows individuals to request relief based on personal, compassionate, and humanitarian reasons, even if they don’t meet the strict criteria of a refugee claim. Some refugee claimants may find themselves exploring this option when their claim is rejected but they have strong reasons for needing to stay, such as family ties, health issues, or significant hardship in their home country.
If you’re unsure about your situation or need assistance with an H&C application, you can learn more about our services at Konan Law’s H&C page.
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What is the H&C Application Process?
Who Can Apply on H&C Grounds?
While not everyone who has had their refugee claim rejected is eligible for an H&C application, several factors determine eligibility. Generally, individuals who have been denied refugee status can apply for permanent residence on humanitarian grounds if they can demonstrate serious hardship that would arise if they were forced to leave Canada. This could include ties to the community, hardship due to family separation, or health-related issues that would be difficult to address in their home country.
Steps to Submitting an H&C Application
The H&C application process involves several steps, including gathering necessary documents, providing evidence of hardship, and filling out the required forms. The first step is to determine whether you are eligible to apply. If you are eligible, you’ll need to submit supporting evidence, such as medical records, proof of family connections in Canada, or letters of support from community members. After submission, the application is reviewed by immigration authorities, and a decision is made based on the details provided.
Would you like to dive deeper into this process or get assistance with your application? Let us know how Konan Law can help guide you through the steps.
Why Do Refugee Claimants Fail?
Common Reasons for Refugee Claim Denial
Refugee claims are denied for a variety of reasons, often because the claimant does not meet the strict legal criteria required for refugee status in Canada. Some of the most common reasons include:
- Lack of evidence: Refugee claimants must provide clear and convincing evidence that they face real danger in their home country. If the evidence isn’t strong enough, their claim may be denied.
- Credibility issues: If the applicant’s story or reasons for seeking asylum are inconsistent, it can lead to doubts about the validity of their claim.
- Country conditions: If the claimant’s home country is not deemed to be unsafe or persecutory at the time of the application, their claim might not meet the definition of a refugee under Canadian law.
- Safe third country: In some cases, claimants might be found to have traveled through a third country that is considered “safe,” meaning they should have sought asylum there instead.
What Happens After a Refugee Claim is Denied?
If a refugee claim is denied, the claimant generally has a few options:
- Appeal: In certain cases, claimants can appeal the decision to the Refugee Appeal Division (RAD) if there is a legal reason to do so.
- Reconsideration: If there is new evidence that was not available during the original claim, the claimant can request a reconsideration.
- Removal from Canada: If all options are exhausted, the claimant may be required to leave Canada. However, they may still be eligible to apply for permanent residence on Humanitarian and Compassionate (H&C) grounds if they have strong reasons for staying in the country.
How Does H&C Grounds Differ from Refugee Claims?
Key Differences Between H&C and Refugee Applications
While both refugee claims and Humanitarian and Compassionate (H&C) applications are ways to apply for protection in Canada, they differ in key ways:
- Purpose: Refugee claims focus on protecting individuals who are at risk of persecution in their home country. H&C applications, on the other hand, are based on broader humanitarian factors, such as hardship due to family ties or health issues.
- Eligibility criteria: Refugee claimants must prove they face specific risks of harm, like violence or persecution. H&C applicants do not have to meet these specific conditions, but they must show that leaving Canada would cause undue hardship.
- Process and timing: Refugee claims go through a fast-tracked process in front of the Immigration and Refugee Board, while H&C applications are considered by immigration authorities and take longer to process.
Why H&C May Be a Better Option for Some Claimants
For some individuals whose refugee claims have been denied, applying on H&C grounds may be a better option. Here’s why:
- Personal circumstances: If the claimant has established strong ties to Canada, such as family, employment, or health-related issues, they may have a better chance of being approved through an H&C application.
- No persecution requirement: Unlike refugee claims, H&C applications do not require proof of fear of persecution. Instead, the focus is on the individual’s life situation in Canada, making it a more flexible option for some.
- Second chance for approval: If a refugee claim fails, H&C grounds provide a second chance to stay in Canada, based on factors that may not have been considered in the refugee claim.
By applying on H&C grounds, individuals may have an opportunity to stay in Canada and avoid removal, even if their refugee claim was rejected.
Factors Considered in H&C Applications
Compassionate and Humanitarian Factors
When applying on Humanitarian and Compassionate (H&C) grounds, the Canadian immigration authorities focus on a variety of compassionate and humanitarian factors. These include:
- Personal hardship: How difficult it would be for the applicant to return to their home country due to personal circumstances, like illness or lack of support.
- Health issues: Medical conditions that may not be adequately treated in the applicant’s home country could be a key factor in the decision.
- Contributions to Canadian society: Applicants who have established strong ties, worked, or contributed positively to Canadian society may be given special consideration.
These factors show that H&C applications are not just about the individual but also about their integration into Canada and their potential hardship if they are removed.
How Family and Community Connections Play a Role
Family and community connections in Canada are also crucial when applying on H&C grounds. Authorities often consider:
- Family ties: If the applicant has family members who are Canadian citizens or permanent residents, it strengthens their case.
- Community support: Being an active member of a community in Canada can make it harder for authorities to justify removal, especially if the applicant has shown they are involved and contributing.
These connections provide evidence that the applicant is embedded in Canadian society and that their removal would cause unnecessary hardship not just to them, but also to those around them.
Can Failed Refugee Claimants Increase Their Chances on H&C Grounds?
Gathering Evidence to Support Your H&C Application
To improve the chances of a successful H&C application, gathering strong evidence is crucial. This includes:
- Medical documents: If health is a concern, medical records and letters from healthcare providers can demonstrate the need for ongoing treatment.
- Letters of support: Letters from family, friends, employers, or community leaders can provide evidence of the claimant’s integration into Canadian society.
- Proof of hardship: Any documentation showing the hardships the claimant would face if they were removed from Canada, such as danger in their home country or inability to support themselves, should be included.
The stronger the evidence provided, the higher the chances of success in the application process.
Role of Legal Representation in H&C Applications
Navigating the H&C application process can be complex, and the help of an experienced immigration lawyer can make a significant difference. A lawyer can:
- Help gather the right evidence: Immigration lawyers understand which documents are necessary and how to present them effectively.
- Prepare a strong case: Legal representation ensures that the applicant’s case is presented in the best light, increasing their chances of approval.
- Advocate on behalf of the applicant: Lawyers can deal with any legal hurdles or complications, making the process smoother for the applicant.
Legal representation is a valuable asset when applying on H&C grounds, as it can help navigate the complexities of the application process.
Final Words
While a failed refugee claim can feel like the end of the road, applying for permanent residence on Humanitarian and Compassionate (H&C) grounds offers another opportunity. If you can demonstrate hardship, family ties, or other compassionate reasons, you may still be able to stay in Canada.
At Konan Law, we specialize in H&C applications and can help guide you through the process, ensuring your application is as strong as possible. For more information, contact us at Phone: 416 272 3939 or visit our website at www.konanlaw.com. Let us help you with your immigration needs.
