Prior to Kanthasamy, the criterion for an H&C application was whether applicants would suffer “unusual and undeserved or disproportionate hardship” if their applications were refused. When visa officers review H&C applications, they analyze several factors, including the person’s establishment in Canada, their family ties to Canada, the best interests of any children involved, and what could happen to the applicants if their H&C applications are not granted. ![]() As well, applicants who do qualify for more traditional immigration programs, but who are inadmissible to Canada, may also request (with narrow exceptions) that their inadmissibility be waived for H&C reasons. A typical H&C applicant is someone who does not meet the requirements of any of Canada’s economic or family reunification programs. People who would not normally be eligible to become permanent residents in Canada may apply to immigrate on humanitarian & compassionate (“ H&C”) grounds. ![]() Canada (Citizenship and Immigration) will likely result in visa officers assessing applications for Canadian permanent residence on humanitarian & compassionate grounds in a much more holistic and equitable manner than previously. On December 10, 2015, the Supreme Court of Canada issued its most significant immigration judgment in almost twenty years.
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