Regulation 157 — Humanitarian and compassionate applications from family class
Text of provision
(1) If an officer determines that special needs exist in respect of a member of a class prescribed by Division 1, the Department shall endeavour to identify a sponsor in order to make the financial assistance of the Government of Canada available for the purpose of sponsorship. A sponsor identified by the Department is exempt from the financial requirements of paragraph 154(1)(a).
(2) In this section, special needs means that a person has greater need of settlement assistance than other applicants for protection abroad owing to personal circumstances, including
(a) a large number of family members;
(b) trauma resulting from violence or torture;
(c) medical disabilities; and
(d) the effects of systemic discrimination.
Plain English
Regulation 157 provides that where a person does not meet all the requirements for the family class, an officer may still grant permanent residence if the person is a close family member of a Canadian citizen or permanent resident and there are humanitarian and compassionate grounds.
This provision gives officers discretion to approve cases that would otherwise fail on technical grounds, where the family connection is real and the circumstances are compelling.
Practical effect
The H&C discretion under r 157 is narrow and used sparingly. It is most commonly considered where the application fails on technical family class grounds rather than inadmissibility grounds. Examples include: a child who was technically excluded under r 147 but whose circumstances are compelling; a dependent child who aged out during processing; or a relative who falls outside the prescribed family class categories but has a compelling family connection. H&C relief under r 157 requires a positive exercise of discretion by the officer — it cannot be compelled.