Humanitarian and compassionate considerations: Assessment and processing
Discretion is a valuable element of Canada’s immigration program. It benefits our clients and is consistent with the objectives of the Immigration and Refugee Protection Act. The purpose of humanitarian and compassionate (H&C) discretion is to allow flexibility to approve deserving cases not covered by the legislation. Use of this discretion should not be seen as conflicting with other parts of the Act or Regulations but rather as a complementary provision enhancing the attainment of the objectives of the Act. The H&C decision-making process is a highly discretionary one that considers whether a special grant of an exemption from a requirement of the Act is warranted. Invoking sections A25 and A25.1 is an exceptional measure and not simply an alternate means of applying for permanent resident status in Canada.
A humanitarian and compassionate assessment considers circumstances and factors that may be sufficiently compelling to allow for the requested exemption.
Humanitarian and compassionate assessment
What warrants relief will vary depending on the facts and context of the case, but officers making humanitarian and compassionate determinations must substantively consider and weigh all the relevant facts and factors before them (Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61; Baker v. Canada (Minister of Citizenship and Immigration),  2 S.C.R. 817). Furthermore, individual H&C factors should not be considered in isolation; there must be a global assessment of all the relevant factors.
The standard to be applied is set out in subsection 25(1): whether relief is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.
Factors to consider in a humanitarian and compassionate assessment
Applicants may base their requests for H&C consideration on any relevant factors including, but not limited to
- establishment in Canada for in-Canada applications;
- ties to Canada;
- the best interests of any children directly affected by the H&C decision;
- factors in their country of origin including adverse country conditions;
- health considerations including inability of a country to provide medical treatment;
- family violence considerations;
- consequences of the separation of relatives;
- inability to leave Canada has led to establishment (in the case of applicants in Canada);
- ability to establish in Canada for overseas applications;
- any unique or exceptional circumstances that might merit relief.
Decision makers are not limited to assessing factors submitted by applicants and should consider and weigh all information before them including, for example, the applicant’s immigration history or criminal record.
The process to apply to study in Canada was very difficult and confusing for me, until my friend told me about Uniglobe Immigration… They helped me get my college admission, study permit and also my husband’s work permit in a short period of time. Mr. Ranjbar applied to the best study options that I could have had and it saved me thousands of dollars. The best thing was that they were always approachable and gave quick replies to every query. Also, they are very genuine, careful, attentive and professional. I am really thankful to Uniglobe Immigration and especially to Mr. Ranjbar who turned my immigration case into a success in a very short time. I highly recommend this company for any immigration related services.
UniGlobe is very reliable. They’re friendly and knowledgable. I received a lot of useful advice from UniGlobe regarding my express entry PR application. I highly recommend it to anyone seeking professional immigration services.
He applied for my brother’s PR and the whole process took about 9 months, which is incredible. I really would like to thank him for his great job and helping my brother and his family
I am happy to receive support by such a proactive and dedicated Immigration Consultants like UniGlobe. Since the beginning, They guided me in the right direction and supported me in my journey . Thank you UniGlobe!
Very satisfied! I was cared for even after the contract was done and paid! Thank you very much Uniglobe immigration services 🙏🏻
I was satisfied with this company’s consultation. Each time they helped me a lot to be in the right path for my immigration needs.
Uniglobe Immigration did a great job for my father’s visa application. Thank you
It was an awesome experience thank you !
I strongly recommend their consultation for PR application, especially for new comers.
The Service was available almost any time and they offer options based on your economic status .I found their honesty an invaluable feature among many others. Good luck for them and their costumers!