Humanitarian and Compassionate Class (H&C)

Anything that makes others feel compassion and want to help can be the basis for a successful Humanitarian and Compassionate (H&C) application. For example, 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. Immigration, Refugees and Citizenship Canada (IRCC) consider in the child’s best interest.

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

• the applicant's child, no matter where the child was born and where they live — whether in Canada or elsewhere;
• a child in Canada who is not the applicant's child, but with whom the applicant has a close relationship.

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

Factors affecting best interest of a child:

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 applicant or between the child and others — for example, if the child is forced to leave Canada with the applicant 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 applicant'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 applicant's country of origin have to follow;
• Establishment, and assimilation into Canadian community, ways of life that a child is used to living in Canada.

The IRCC pay close attention to the child’s interests when it decides whether the reasons to accept an H&C application are strong enough. Some things may have a much greater impact on a child than on an adult. So, the same facts might make an H&C application stronger if a child would be affected.

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.

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;
• the laws, practices or customs in their country that might put them at risk — for example, a risk of abuse.
• Hard time re-assimilating into their own country.

For further information, please contact us.