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Difference between revisions of "Permanent Residence Application Process (18:V)"
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Permanent Residence Application Process (18:V) (view source)
Revision as of 22:21, 14 August 2020
, 22:21, 14 August 2020→C. Humanitarian and Compassionate Applications
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Factors to be looked at include level of establishment of the person in Canada, family ties in Canada, the best interests of any children involved, and what could happen if the request is not granted. There are other rules applicable to the application, please review the [https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html IRCC website] for more information. | Factors to be looked at include level of establishment of the person in Canada, family ties in Canada, the best interests of any children involved, and what could happen if the request is not granted. There are other rules applicable to the application, please review the [https://www.canada.ca/en/immigration-refugees-citizenship/services/refugees/claim-protection-inside-canada/after-apply-next-steps/refusal-options/humanitarian-compassionate-grounds.html IRCC website] for more information. | ||
'''NOTE''' | '''NOTE:''' In 2010, s 25 of the IRPA was amended, such that “... the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) but must consider elements related to the hardships that affect the foreign national”. In other words, officers do not determine whether a well-founded fear of persecution, risk to life, danger of torture and risk of cruel and unusual treatment or punishment has been established, but they may take the underlying facts into account in determining whether the applicant will face hardship if returned to their country of origin. | ||
Subsection 25(1.3) applies only to H&C applications made in Canada. Personal risks faced by the claimant that are relevant to a Convention refugee determination can no longer be considered in deciding an H&C application. However, “hardship” must still be considered—see IRPA s. 25(1.3). Thus, discrimination in the foreign national’s country of origin that does not constitute persecution may still properly be considered by the Minister in determining whether the foreign national would experience undue, undeserved or disproportionate hardship. | Subsection 25(1.3) applies only to H&C applications made in Canada. Personal risks faced by the claimant that are relevant to a Convention refugee determination can no longer be considered in deciding an H&C application. However, “hardship” must still be considered—see IRPA s. 25(1.3). Thus, discrimination in the foreign national’s country of origin that does not constitute persecution may still properly be considered by the Minister in determining whether the foreign national would experience undue, undeserved or disproportionate hardship. | ||
'''NOTE''' | '''NOTE:''' Refugee claimants are prohibited from having concurrent H&C applications. Those who have had their claim denied '''will be subject to a 1-year bar on submission of an H&C application'''. There are some exceptions to the bar. The bar does not apply if: | ||
*you have children under 18 who would be adversely affected if you were removed from Canada, or | *you have children under 18 who would be adversely affected if you were removed from Canada, or | ||
*you have proof that you or one of your dependents suffers from a life-threatening medical condition that cannot be treated in your home country. | *you have proof that you or one of your dependents suffers from a life-threatening medical condition that cannot be treated in your home country. | ||
Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations '''may be removed from Canada before the decision on the application is made'''. | Unlike applications made under a Pre-Removal Risk Assessment, a person who applies under H&C considerations '''may be removed from Canada before the decision on the application is made'''. | ||
== D. Family Class Applicants == | == D. Family Class Applicants == | ||