Section 25 of the Immigration and Refugee Protection Act (IRPA) pertains to Humanitarian and Compassionate (H&C) Applications, a critical aspect of the Act. The criteria for who can apply under this section have significantly evolved over recent years. The legal standard requires that applicants demonstrate they would face unusual, undeserved, or disproportionate hardship if forced to leave Canada.

Applications are evaluated based on the information submitted by the applicant, with decisions made in light of their individual circumstances to determine if they warrant H&C consideration. Approval for permanent residency on H&C grounds is typically granted only in exceptional situations, and the processing time for such applications can extend over several years.

There is no guarantee of approval for these applications. If an application is denied, it may be prudent in certain cases to seek a review from the Federal Court of Canada. Many inland H&C applications rely heavily on factors related to economic and cultural establishment, as outlined in Chapter IP 5:

• Does the applicant have a history of stable employment?
• Is there a pattern of sound financial management?
• Has the applicant engaged with the community through organizations, volunteering, or other activities?
• What hardships would arise if the visa exemption application is rejected?
• What is the level of interdependence with others?
• What support exists in the applicant’s home country?
• Is the applicant able to work?
• Is there a substantial degree of establishment in Canada?

Additionally, the IRPA mandates that the best interests of any children involved be considered when reviewing applications under section 25(1). This factor can significantly strengthen an H&C application. While preparing H&C applications can be complex and demanding for legal professionals, the potential rewards for clients can be substantial. For more details on H&C applications, feel free to reach out to us today.

For further information please contact us at [email protected]

Get An Assessment Just Call Us +1 (647) 556-1781