Humanitarian and Compassionate Applications (H&C)
Ineligible for Requesting H&C considerations
One may not be eligible to apply for H&C consideration if one,
- has an on-going H&C application,
- has an outstanding refugee claim,
- became a designated foreign national within the last 5 years,
- Is inadmissible for security reasons, for human or international rights violations, or for organized criminality,
- is seeking an exemption from the operation of the Express Entry system.
Failed Refugee Claimants and H&C Application
“12-month Bar”
If you had a refugee claim that was rejected, abandoned, or withdrawn, and no appeal or judicial review was sought, you cannot apply for H&C until 12 months has passed since the date of the decision. But there are exceptions.
Exceptions to the “12-year bar”
Failed refugee claimants can be exempted from the 12-year bar on the basis of either of the following:
Examples:
If you had a refugee claim that was rejected, abandoned, or withdrawn, and no appeal or judicial review was sought, you cannot apply for H&C until 12 months has passed since the date of the decision. But there are exceptions.
Exceptions to the “12-year bar”
Failed refugee claimants can be exempted from the 12-year bar on the basis of either of the following:
- inadequate medical or health care in the country of origin leading to a risk to life upon removal
- best interests of a child (BIOC): a child, Canadian or foreign-born, of the age of 18 years or under will be directly affected upon your removal.
Examples:
- A refugee claimant receives a negative decision from the IRB on February 20, 2018. IRCC receives an H&C application is received on July 10, 2018. The H&C application may not be examined, as the bar is in effect until February 20, 2019.
- A refugee claimant receives a negative decision from the IRB on January 1, 2022. IRCC receives an H&C application on February 1, 2022. The claimant has a child who was under age of 18 years at the time the application was made. The child lives in Canada with the claimant. The 12 year bar is no longer in effect because a child is directly affected upon removal of the claimant.
Footnotes:
1 the Immigration and Refugee Protection Act (IRPA)
2 the Immigration and Refugee Protection Regulations (IRPR)
1 the Immigration and Refugee Protection Act (IRPA)
2 the Immigration and Refugee Protection Regulations (IRPR)
If you would like to discuss your matter and explore your legal options, please contact us to schedule an appointment with a licensed consultant!
Our immigration consultants can advise you on whether you should pursue for an H&C exemption, explain your legal options, and make compelling arguments on your behalf.
