HUMANITARIAN AND COMPASSIONATE (H&C)
Humanitarian and compassionate grounds (H&C) serve as a pivotal avenue for individuals seeking permanent residency under Family, Economic, and Refugee Classes. This class extends discretionary powers to grant permanent or temporary residence to applicants who might not meet the strict criteria outlined in Canadian Immigration laws.
Applicable to those aspiring to relocate to Canada or those already residing but facing inadmissibility due to technical, medical, or criminal reasons, the H&C class offers a vital opportunity. It is open to individuals deemed inadmissible on various grounds such as security concerns, human or international rights violations, serious criminal history, organized criminal affiliations, or health issues. However, each case is meticulously examined on its own merits, taking into account the unique circumstances of the applicant.
The burden lies with the applicant to effectively articulate the hardships endured in the absence of an exemption. A compelling case must be presented, showcasing the repercussions if an exemption or immigrant visa for Canada is not granted.
When submitting an application to Citizenship and Immigration Canada on Humanitarian & Compassionate (H&C) grounds, applicants seek an exception based on the hardships or dangers they, their children, and immediate family members may face upon return to their home country or current residence. The onus is solely on the applicant to substantiate their case, with the discretion to decide resting with Canadian immigration officials and the Minister.
In essence, Humanitarian & Compassionate consideration provides immigration officials with the flexibility to confer permanent residence status or a permanent resident visa to specific foreign nationals who would not typically qualify as applicants for permanent residence in Canada.
However, it’s important to note that Canadian immigration officials aim not to circumvent the Immigration & Refugee Protection Act (IRPA), particularly Section 25 concerning Humanitarian & Compassionate grounds, but rather to align with the objectives of the IRPA in a complementary manner. Officials must determine if an applicant’s circumstances warrant an exemption from standard procedures.
This necessitates a higher burden of proof compared to cases of inadmissibility, where officials must ascertain whether the evidence presented by the applicant is more likely than not to be true. This standard, known as balance of probabilities, surpasses the reasonable grounds to believe standard used in cases of inadmissibility.