If your application for permanent residency in Canada on humanitarian and compassionate grounds (H&C) is refused, contact Shory Law to file an application for leave and judicial review at the Federal Court of Canada.
The Reasons You May Receive an H&C Refusal
Every H&C refusal decision should be understandable, written or expressed clearly, and without speculation. If an officer does not provide adequate reasoning to support the refusal, you can directly request the reasons behind their decision. With this information, an immigration lawyer can guide you on whether it is worth your time and money to go to the Federal Court of Canada.
Filing a Leave Application and Judicial Review
Most H&C refusal decisions are rendered inside Canada. This means you have 15 days to file an Application for Leave and Judicial Review at the Federal Court of Canada.
If the judicial review ends in your favor, the H&C application is sent back to the visa office for redetermination. Their new decision will have to take into account the Federal Court’s ruling.
How Can Shory Law Help With My H&C Refusal?
If you have received an H&C refusal, contact Shory Law. We will act fast — the deadline for a leave application is just 15 days after it is received — to help you understand your options. Our immigration team understands the judicial review process and can help you gather the documents you need as well as represent you at the Federal Court of Canada.
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How do you win a Humanitarian & Compassionate (H&C) applications
Every case is evaluated on a case-by-case basis. Just because you may hear about someone else’s case being won in specific circumstances, does not mean that yours will be the same. Being granted permanent residency through the humanitarian and compassionate stream requires demonstrating some or all of the following:
- establishment in Canada for in-Canada applications;
- ties to Canada;
- the best interests of any children directly affected by the H&C decision;
- factors in their country of origin including adverse country conditions;
- health considerations including inability of a country to provide medical treatment;
- family violence considerations;
- consequences of the separation of relatives;
- inability to leave Canada has led to establishment (in the case of applicants in Canada);
- ability to establish in Canada for overseas applications;
- any unique or exceptional circumstances that might merit relief.
Why was my Humanitarian & Compassionate (H&C) application refused?
Your H&C application could have been refused for a number of reasons. It is important to request the reasons and decisions from the relevant IRCC office for further details around why the application was refused. This will also give you a better idea of what kind of arguments you may want to make if you feel the decision was incorrect or unreasonable.