Humanitarian and Compassionate Grounds: H and C Application

The Humanitarian and Compassionate (H&C) program exists to address exceptional personal circumstances for individuals who cannot qualify under standard immigration categories. Its purpose is to provide flexibility and fairness, ensuring that cases deserving relief are not overlooked due to rigid legislative frameworks.

Objectives:

1. Relief for Exceptional Cases: To grant permanent residency to individuals facing unique challenges that standard immigration laws cannot address.
2. Compassion-Driven Decisions: To balance empathy with legal requirements when approving deserving cases.
3. Child Welfare Prioritization: To protect the best interests of children impacted by immigration decisions.
4. Flexibility in Interpretation: To provide decision-makers the discretion to adapt policies to extraordinary circumstances while maintaining legislative intent.

Balancing Consistency with Flexibility

Immigration officers must strike a careful balance between consistency in applying immigration laws and the flexibility required to accommodate extraordinary situations. While policy frameworks and manuals provide guidance, decision-makers retain the discretion to deviate when warranted by unique circumstances.

Key Aspects:

• Policy as a Guide: Officers reference manuals and guidelines but are not legally bound by them.
• Discretionary Power: Officers can evaluate all factors holistically and adapt decisions to ensure fairness.

Responsibility of the Applicant

Applicants bear the full responsibility of presenting a compelling case under H&C grounds. This includes clearly articulating their circumstances, providing evidence, and explaining why their situation merits an exemption from immigration laws.

Requirements for Applicants:

1. Thorough Documentation: Submit all relevant evidence, including medical records, proof of hardship, and reference letters.
2. Detailed Explanations: Provide a comprehensive account of personal circumstances and how they align with H&C criteria.
3. Proactive Communication: Address potential concerns, such as inadmissibility or gaps in documentation, before they arise.

Standard of Proof in H&C Applications

H&C applications are assessed using the balance of probabilities standard. This means the applicant must show that their claims are more likely than not to be true.

How It Works:

• Burden of Proof: Lies entirely with the applicant.
• Evaluation Process: Officers consider the credibility of evidence and weigh all factors collectively.
• Examples of Evidence: Medical records, affidavits, financial documents, and reports from professionals.

Applying for Humanitarian and Compassionate Application Outside Canada:

Foreign nationals residing outside Canada may also apply for permanent residency under humanitarian and compassionate grounds. However, they must demonstrate that their circumstances are compelling enough to justify an exemption from standard immigration requirements.

1. Proof of Hardship: Demonstrate adverse conditions in the home country.
2. Family Ties in Canada: Highlight close family relationships that would be disrupted by denial of the application.
3. Supporting Evidence: Include documentation such as letters from Canadian residents, medical records, or country condition reports.

Ministerial Instructions (MIs)

Ministerial Instructions (MIs) provide temporary, targeted guidance for processing H&C applications. These instructions can impact:

• Eligibility Criteria: Establishing temporary exemptions or prioritizations.
• Application Intake: Defining quotas or processing priorities for specific groups.

Example:

An MI may prioritize cases involving vulnerable individuals, such as victims of abuse or those requiring urgent medical care.

Family Relationships and the ICCPR

Canada’s commitment to protecting family unity is reinforced by the International Covenant on Civil and Political Rights (ICCPR), particularly:

1. Article 17: Non-interference in family life.
2. Article 23: Protection of the family as a fundamental societal unit.
3. Article 24: Special protection for children.

Key Considerations:

• Occurrence of family violence.
• Impact of separation on children and dependents.
• Cultural and social significance of family unity.

Reconsideration of Previous Decisions

Applicants denied under H&C grounds may request a reconsideration if new and material evidence becomes available.

Steps to Request Reconsideration:

1. Identify New Evidence: Provide documents not previously available that significantly impact the case.
2. Submission Letter: Explain why the new evidence justifies reconsideration.
3. Application Process: Submit the request to the immigration office where the decision was made.

Statelessness as a Ground for H&C

Stateless individuals who lack nationality under any country’s laws may apply for H&C grounds. However, proving statelessness can be challenging and requires credible documentation.

Required Evidence:

1. Certification of Statelessness: From a state authority or relevant organization.
2. Proof of Denied Nationality: Official correspondence indicating refusal of nationality.
3. Country Conditions: Reports on policies that contribute to statelessness.

Withdrawing an H&C Application

Applicants who wish to withdraw their H&C application must do so in writing.

Steps for Withdrawal:

1. Prepare a Letter: Include your client ID, full name, and reasons for withdrawal.
2. Submit via Official Channels: Options include fax, email, or mail to the relevant immigration office.

Confirmation of Withdrawal: Await acknowledgment from Immigration, Refugees, and Citizenship Canada (IRCC). You can also learn more about the H&C processing timeline here.