some reasons for humanitarian and compassionate

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An H&C applicant can give any reasons that they believe will support their application. The decision on an H&C application is "discretionary". This means that immigration officers have a lot of freedom in deciding these applications. But they must base their decisions on the evidence and they must consider all of the evidence as a whole when deciding whether the application is strong enough.

Because there is usually no interview, it is important to:

• send the best possible evidence to support the application, and
• explain all of the reasons to stay in Canada.

Anything that makes others feel compassion and want to help can be the basis for a successful H&C application. For example, the hardship an applicant will face if they have to return to their home country is often a reason that is used.

And if there is a child who would be directly affected if the applicant had to return to their home country, this is an important factor. IRCC must consider what is in the child's best interests.

Some of the things that an applicant might give as reasons include:

• how established or settled they are in Canada
• their ties to Canada, including family ties
• what would happen if family members were separated
• their physical health or mental health concerns
• the impact on their lives of family violence they have experienced or will experience if they have to return to their home country
• hardship or difficulties they might face if they were sent back to their own country

 

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Examples of hardship or difficulties that an applicant might face in their own country could include:

• a lack of adequate health care
• poverty
• discrimination based on religion, gender, or something else
• laws, practices or customs in a woman's home country that might put her at risk of abuse or social stigma

IRCC cannot look at risks in the same way the Immigration and Refugee Board does when it decides a refugee claim. But the same situation that puts someone at risk may also be a reason for a successful H&C application.

For example, a woman who is at risk because of an abusive spouse in her home country may also be able to show H&C reasons she should not be forced to return to that country.

 

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Best interests of a child

IRCC must consider the best interests of any child under the age of 18 who could be directly affected by the decision on the application. This could include:

• the woman's own child, no matter where the child was born or where they live, whether in Canada or elsewhere
• a child in Canada who is not the woman's child but with whom she has a close relationship

In some situations, this could include a child who is 18 or older.

Some of the things that could have an impact on the best interests of a child include:

• the child's age
• the relationship between the child and the woman or between the child and others — for example, if the child is forced to leave with the woman, this could affect the child's relationship with others in Canada
• how long the child has been in Canada
• the child's ties to the woman's country of origin
• any medical issues or special needs
• impact on the child's education
• issues relating to a child’s gender — for example, customs that girls and women in the woman's country of origin have to follow

 

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Establishment in Canada



Being established or settled in Canada increases an applicant's chances of success.
To show that she is established, a woman's application could refer to such things as:

• how long she has lived in Canada
• why she has been living in Canada
• her work history in Canada
• her level of education
• her skills and training
• volunteer work done in Canada
• her ability to speak English or French
• any children born in Canada
• family members here who are willing and able to help her
• any assets or savings she has in Canada

A woman who got social assistance should explain why she needed it.