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mental illness under H&C?

eegd

Newbie
Nov 27, 2020
2
0
Can Study permit holder who has exhausted all appeals, and must leave Canada apply under the H&C Humanitarian Grounds to stay under mental illness act?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Can Study permit holder who has exhausted all appeals, and must leave Canada apply under the H&C Humanitarian Grounds to stay under mental illness act?
Only a very temporary pause if you are put on a psychiatric hold by a hospital.
 

Naturgrl

VIP Member
Apr 5, 2020
39,444
8,135
There is no Canadian mental illness act. Provinces oversee healthcare & each province would have a “Mental Health Act.” Not sure how you could apply this to a H&C claim as the mental health acts sets out in law the admission and treatment requirements for patients in psychiatric facilities. It is about the powers and obligations of psychiatric facilities.
 

eegd

Newbie
Nov 27, 2020
2
0
Thank you but let me ask another way.
If student has mental illness problems could the student apply to stay and get treatment here under humanitarian grounds?
 

canuck78

VIP Member
Jun 18, 2017
52,969
12,771
Thank you but let me ask another way.
If student has mental illness problems could the student apply to stay and get treatment here under humanitarian grounds?
Has the applicant applied for H&C? If not they can certainly attempt to get PR through H&C but if that doesn't guarantee that they won't be deported while H&C is being processed. They also will need to live without status while they wait for an answer about their AIP. They also won't qualify for provincial healthcare. They'll only qualify if they get AIP which could be 1-2+ years.