two factors to consider in a H&C assessment : country of origin, health considerations
Adverse country conditions
When an applicant submits information claiming that there are conditions in the country of origin that would result in hardship if they were not granted the exemption requested, decision makers must consider the conditions in that country and balance these factors into the hardship assessment. Adverse country conditions could include factors having a direct, negative impact on the applicant such as war, natural disasters, unfair treatment of minorities, political instability, lack of employment, widespread violence etc.
The onus is on the applicant to provide information to support the claim of adverse country conditions. In order to assess an application in which adverse country conditions are cited, decision makers should look at the submissions of the applicant and determine whether redress and/or relocation is available.
Assessment of discrimination
In assessing whether an applicant will be affected by discrimination, discrimination can be inferred where an applicant shows that they are a member of a group that is discriminated against. Evidence of discrimination experienced by others who share the applicant’s profile is relevant under subsection 25(1), whether or not the applicant has evidence that they have been personally targeted.
Inability of a country to provide medical treatment
In the case of an application in Canada, if applicants allege they will suffer hardship if returned to their country of origin because of a medical condition, decision makers must be satisfied that the applicant requires the treatment, and that the treatment is not available in the applicant’s country of origin.
The onus is on the applicant to provide both of the following:
documentary evidence from the applicant’s doctor(s) confirming the applicant has been diagnosed with the condition, the appropriate treatment, and that treatment for the condition is vital to the applicant’s physical or mental wellbeing;
confirmation from the relevant health authorities in the country of origin attesting to the fact that an acceptable treatment is unavailable in the applicant’s country of origin.
See also related information about suspected or known health inadmissibility (A38).
In order to substantiate an applicant’s claims, decision makers may access reliable, unbiased internet resources for information on medical care available in the country of origin, for instance : UK Home Office Country of Origin reports, World Health Organization, UNAIDS (for HIV cases), International Organization for Migration
Client consent may be required if case specific information is requested from third parties.
Evidence gathered to counter the applicant’s submissions must be disclosed to the applicant and an opportunity for reply provided.
If there are medical services readily available in the country of origin that the applicant could access, consider that fact in the analysis of hardship. The applicant cannot refuse to access those services in order to support a claim for hardship in an H&C application — the hardship must be assessed based on all of the evidence of services available to the applicant. If the applicant acknowledges that treatment is available but submits that it is at a prohibitively high cost, or that the treatment itself, hospital conditions, availability of medicines, etc., are inadequate or substandard, these factors, if substantiated, should be taken into account and weighed in the balance with the other H&C factors. Positive consideration may still be given in such cases if other positive factors are evident in the applicant’s submissions.
If the decision maker is satisfied that because of a medical condition an applicant would suffer hardship if returned to their country of origin, this and other positive factors (evidence of establishment in Canada, lack of family ties in the country of origin, best interests of the child considerations, etc.) should be weighed against any negative factors, such as the existence of an inadmissibility. When positive consideration may be warranted, but there exists a serious inadmissibility, forward the case to the delegated decision maker for a Stage 1 assessment.
Adverse country conditions
When an applicant submits information claiming that there are conditions in the country of origin that would result in hardship if they were not granted the exemption requested, decision makers must consider the conditions in that country and balance these factors into the hardship assessment. Adverse country conditions could include factors having a direct, negative impact on the applicant such as war, natural disasters, unfair treatment of minorities, political instability, lack of employment, widespread violence etc.
The onus is on the applicant to provide information to support the claim of adverse country conditions. In order to assess an application in which adverse country conditions are cited, decision makers should look at the submissions of the applicant and determine whether redress and/or relocation is available.
Assessment of discrimination
In assessing whether an applicant will be affected by discrimination, discrimination can be inferred where an applicant shows that they are a member of a group that is discriminated against. Evidence of discrimination experienced by others who share the applicant’s profile is relevant under subsection 25(1), whether or not the applicant has evidence that they have been personally targeted.
Inability of a country to provide medical treatment
In the case of an application in Canada, if applicants allege they will suffer hardship if returned to their country of origin because of a medical condition, decision makers must be satisfied that the applicant requires the treatment, and that the treatment is not available in the applicant’s country of origin.
The onus is on the applicant to provide both of the following:
documentary evidence from the applicant’s doctor(s) confirming the applicant has been diagnosed with the condition, the appropriate treatment, and that treatment for the condition is vital to the applicant’s physical or mental wellbeing;
confirmation from the relevant health authorities in the country of origin attesting to the fact that an acceptable treatment is unavailable in the applicant’s country of origin.
See also related information about suspected or known health inadmissibility (A38).
In order to substantiate an applicant’s claims, decision makers may access reliable, unbiased internet resources for information on medical care available in the country of origin, for instance : UK Home Office Country of Origin reports, World Health Organization, UNAIDS (for HIV cases), International Organization for Migration
Client consent may be required if case specific information is requested from third parties.
Evidence gathered to counter the applicant’s submissions must be disclosed to the applicant and an opportunity for reply provided.
If there are medical services readily available in the country of origin that the applicant could access, consider that fact in the analysis of hardship. The applicant cannot refuse to access those services in order to support a claim for hardship in an H&C application — the hardship must be assessed based on all of the evidence of services available to the applicant. If the applicant acknowledges that treatment is available but submits that it is at a prohibitively high cost, or that the treatment itself, hospital conditions, availability of medicines, etc., are inadequate or substandard, these factors, if substantiated, should be taken into account and weighed in the balance with the other H&C factors. Positive consideration may still be given in such cases if other positive factors are evident in the applicant’s submissions.
If the decision maker is satisfied that because of a medical condition an applicant would suffer hardship if returned to their country of origin, this and other positive factors (evidence of establishment in Canada, lack of family ties in the country of origin, best interests of the child considerations, etc.) should be weighed against any negative factors, such as the existence of an inadmissibility. When positive consideration may be warranted, but there exists a serious inadmissibility, forward the case to the delegated decision maker for a Stage 1 assessment.