Humanitarian and compassionate (H&C) application
Statutory definition
Section 25 of the IRPA provides that the Minister may, upon request, exempt a foreign national from any of the applicable criteria or obligations under the IRPA if satisfied that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected. H&C applications may be made from inside Canada (s 25) or outside Canada (s 25.1 — personal ministerial application only).
Explanation
An H&C application is not a guaranteed pathway — it is a discretionary humanitarian relief mechanism. Factors considered include: establishment in Canada (employment, community ties, language, education); humanitarian factors (hardship if removed, family separation); and the best interests of any children directly affected. The bar for success is high — officers expect genuinely compelling circumstances. An H&C application does not automatically stay removal. A Judicial Stay of Removal application must be made separately if enforcement is imminent.