Canada recognizes that not all immigration cases fit within standard programs. For individuals who are in Canada without status, inadmissible, or ineligible for other immigration streams, a Humanitarian and Compassionate (H&C) application may provide a pathway to permanent residence under section 25(1) of the Immigration and Refugee Protection Act (IRPA).
At VM Immigration Services, we offer strategic, evidence-based legal representation for individuals seeking discretionary relief through H&C grounds. These are high-stakes applications, and success depends on legal precision, comprehensive documentation, and a compelling presentation of facts and hardship.
An H&C application asks Immigration, Refugees and Citizenship Canada (IRCC) to exempt certain legal requirements—such as inadmissibility, lack of legal status, or ineligibility for other programs—based on compassionate and humanitarian considerations.
Section 25(1) of IRPA allows the Minister (or delegated officer) to grant permanent residence or an exemption from immigration requirements based on humanitarian and compassionate considerations. This discretionary pathway is typically pursued by:
H&C decisions are discretionary, and there is no appeal right to the Immigration Appeal Division (IAD). This underscores the importance of submitting a complete, compelling, and compliant application from the outset. However, if an H&C application is refused, a judicial review may be filed with the Federal Court of Canada.
H&C applications are assessed on a case-by-case basis, with officers reviewing the totality of circumstances, including:
Our role is to build a legally sound and persuasive application that addresses these factors using statutory declarations, supporting documents, expert opinions, and relevant jurisprudence—including Kanthasamy v. Canada, 2015 SCC 61, which reaffirmed the broad scope of H&C discretion.
We assess whether your case meets the legal threshold of “sufficiently compelling humanitarian considerations” and carefully craft a persuasive narrative grounded in Canadian jurisprudence, including principles established in Kanthasamy v. Canada, 2015 SCC 61.
Our goal is not just to present a compelling story—but to structure a legally defensible case supported by evidence and jurisprudence.
If you or a loved one is facing removal, inadmissibility, or lack of status, a Humanitarian & Compassionate application may be the most appropriate legal remedy. H&C cases are complex and require more than just forms—they demand strategy, clarity, and skilled advocacy.
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