Humanitarian and Compassionate Grounds Appeal

The Canadian immigration laws made provisions to consider unique scenarios where applicants need to stay permanently in Canada, but they do not qualify for any immigration programs. In such exceptional circumstances, applicants can get exemptions from specific requirements based on Humanitarian and Compassionate (H&C) grounds.

H&C grounds are usually used as a last resort, and the percentage of approvals is extremely low. As the H&C application is unique, IRCC assesses it on a case-by-case basis, and not everyone is eligible to apply for H&C.

 H&C assessment criteria

• The degree to which the applicant is settled in Canada
• Family ties in Canada
• The best interest of children involved
• How the applicant would be affected if the H&C application was denied

H&C ineligibility criteria

• Temporary residents applicants
• Anyone who has received a negative decision within the last 12 months
• Anyone who a pending refugee claim
• Anyone with an existing H&C claim application

H&C decision-makers will not assess risk factors such as persecution, risk to life, or cruel and unusual treatment or punishment