Section 65 — H&C considerations in family class appeals
Text of provision
In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations.
Plain English
Section 65 provides that in an appeal under s 63(1) or s 63(2) of a family class sponsorship application, the IAD may not consider humanitarian and compassionate considerations unless it has already decided that (a) the foreign national is a member of the family class, and (b) the sponsor is a sponsor within the meaning of the Regulations.
In other words, H&C relief is available at the appeal stage, but only as a secondary consideration once the membership threshold has been considered — the IAD cannot grant relief purely on H&C grounds if the basic eligibility requirements are not met.
Practical effect
This provision prevents end-runs around inadmissibility — for example, an applicant who does not genuinely qualify as a spouse or partner cannot obtain a sponsored visa purely by establishing strong H&C grounds. It forces the IAD to assess family class membership first. Where the IAD determines the applicant is not a member of the family class (e.g., not a genuine conjugal partner), s 65 bars further H&C relief. Where class membership is met, the IAD can consider a broad range of H&C factors on the merits.