Humanitarian and Compassionate Consideration – Processing in-Canada Applications

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

The officers would typically determine whether applicants are eligible foe having their applications assessed. Once they determine that this is indeed the case, the officers would typically process the Humanitarian and Compassionate (H&C) application in the following stages:

• Stage 1 i.e. a Humanitarian and Compassionate (H&C) assessment of the requested exemptions and,
• Stage 2 i.e. a final decision on the permanent residence application

The Stage 1 Procedures for All Applicants

While assessing exemptions requests, officers would need to remain mindful of:

• The objectives of the Act
• The consideration that they would need to exempt any applicable criteria or obligation of the Act when the foreign nationals specifically request an exemption or when the material submitted makes it amply clear that the foreign nationals are seeking exemptions
  • This would typically include inadmissibilities barring the A34, A35 and A37 inadmissibilities if they receive the application after June 19, 2013
  • This is because the weight given to any factors in these cases remain based on the objective determination of the decision maker
  • Hence, the officers would need to determine:
    • Which facts are most important (and why)
    • Which evidence is the most persuasive (and why) and,
    • Which argument is the most compelling or convincing (and why)
    • The authorities typically require officers to focus on the evidence that is:
      • Directly applicable to making a decision or,
      • Particularly significant for supporting the decision

      The Stage 1 Procedures for Applicants with Family Relationships

      It is worth highlighting that the authorities do not automatically consider marriage or the existence of a common-law relationship as sufficient grounds that warrant a positive Humanitarian and Compassionate (H&C) decision. Similarly, a physical separation of the couple does not constitute sufficient grounds for granting a positive Humanitarian and Compassionate (H&C) decision as well.

      It is worth mentioning that there are no determinative factors that officers use while processing Humanitarian and Compassionate (H&C) applications. In fact, a marriage or the existence of common-law relationships is an important factor that many officers typically consider. However, officers also consider all the applicable factors of the case too. Only then do they decide whether or not to grant exemptions to the applicants. As such, officers would need to also consider the consequences of separation on the relationship and other family members.

      Situations could arise where the officers do not need to assess the Humanitarian and Compassionate (H&C) request. This would typically be the case where applicants who apply for Humanitarian and Compassionate (H&C) have outstanding Spouses and Common-Law Partners in Canada Class (SCLPC) applications without Humanitarian and Compassionate (H&C) requests.

      The Stage 1 Procedures for Applicants in Other Situations – Applicants Under Removal Orders

      People, who are subject to removal order, might wish to submit Humanitarian and Compassionate (H&C) applications and pay the appropriate fees. These individuals are entitled to decisions on those applications. However, unless the authorities make a positive Stage 1 assessment, these applicants would not receive any stay of removal. This is in accordance with the provisions specified in R233. For more details on this, officers would need to go through the provisions specified in ENF 10.

      The Post-Removal Assessment

      In some cases, the officers might find that they are unable to do a Stage 1 assessment prior to the applicant’s removal from Canada. In this scenario, the officers would carry out the assessment after the removal. In these cases:

      • It is worth highlighting that the applicants bear the entire responsibility for providing the appropriate submissions
        • As such, officers would not need to request for updated submissions from the applicants
        • This applies to applicants whom the authorities have removed even during the pendency of their Humanitarian and Compassionate (H&C) applications
        • As such, the officers would need to consider the usual Humanitarian and Compassionate (H&C) factors such as:
          • The establishment in Canada,
          • The best interest of the child
          • If the officers require an interview and cannot do it prior to the removal, they can conduct it via telephone or Skype

          The Stage 1 Procedures for Applicants in Other Situations – Consecutive or Concurrent Humanitarian and Compassionate (H&C) Applications

          Consecutive Humanitarian and Compassionate (H&C) Applications

          Situations could arise where applicants had Humanitarian and Compassionate (H&C) assessments and still submitted new applications. In this scenario, the officers will consider the information and findings from any previous Humanitarian and Compassionate (H&C) applications. In addition, the officers would need to consider any new information submitted with the most recent applications as well.

          Concurrent Applications for Humanitarian and Compassionate (H&C) and Pre-Risk Removal Assessments (PRRAs)

          Applicants could typically submit both Humanitarian and Compassionate (H&C) and Pre-Risk Removal Assessment (PRRA) applications. In this scenario, officers have the ability to carry out both assessments concurrently.

          The Assessment of Applications for Humanitarian and Compassionate (H&C) Versus Pre-Risk Removal Assessments (PRRAs)

          It is worth highlighting that Humanitarian and Compassionate (H&C) assessments are lower in thresholds than Pre-Risk Removal Assessments (PRRAs). In addition, Humanitarian and Compassionate (H&C) assessments are not limited to the specific legislative parameters of persecution specified in the Pre-Risk Removal Assessments. These legislative parameters typically comprise:

          • The risk to life
          • Torture and,
          • Cruel and unusual treatment or punishment

          While assessing Humanitarian and Compassionate (H&C) applications, officers would need to assess all the elements of the application. Thereafter, they would need to decide whether the factors amount to unusual and undeserved or disproportionate hardship.

          • The Positive Stage 1 Assessment
            • The Procedures Following a Positive Stage 1 Assessment
              
            • The Interim Documentation
            • The Request for Certificat de Sélection du Québec (CSQ)
            • The Applicant Has Left Canada