Humanitarian and Compassionate Grounds (H&C)

Humanitarian and compassionate (H&C) grounds is a discretionary relief mechanism under section 25 of the Immigration and Refugee Protection Act (IRPA). It allows the Minister of Immigration (or a delegated officer) to exempt a foreign national from any requirement of IRPA or the IRPR that would otherwise bar them from being granted permanent residence in Canada, if the Minister is satisfied that such an exemption is justified by H&C considerations.

H&C is not a separate visa class — it is a mechanism for waiving requirements. A successful H&C applicant is typically granted permanent residence in a visa class they would not otherwise be eligible for, or is allowed to apply from within Canada rather than from outside.

The H&C mechanism is established in IRPA s 25. Section 25(1) allows the Minister to grant permanent residence or exempt a foreign national from any applicable criteria or obligation if satisfied that it is justified by humanitarian and compassionate considerations relating to the foreign national. Section 25.1 allows the Minister to examine H&C considerations on the Minister's own initiative (without an application).

H&C decisions are not subject to the same restrictions that apply to refugee protection — for example, there is no bar on considering risk in the country of origin (though risk alone is generally insufficient: Kanthasamy v Canada [2015] 3 SCR 909). The Federal Court reviews H&C decisions on a reasonableness standard.

An H&C application is assessed by considering all relevant circumstances. The key factors officers consider include:

• Establishment in Canada: How long the person has lived in Canada, their employment, community ties, financial self-sufficiency, and integration into Canadian society;
• Best interests of a child (BIOC): If a child is affected by the decision (whether or not the child is the applicant), the officer must give "substantial weight" to the best interests of that child: Baker v Canada [1999] 2 SCR 817;
• Consequences of removal: The hardship the applicant would face if removed — separation from family, deterioration of established ties, health consequences, country conditions;
• Health: Serious health conditions that cannot be adequately treated in the country of origin;
• Family ties in Canada: Relationships with Canadian citizens or permanent residents, particularly dependent family members.

Risk and adverse country conditions may be considered in an H&C assessment, but only to the extent they bear on hardship — they are not assessed under the refugee protection standard (Convention refugee or person in need of protection) and cannot be used as a substitute for a refugee claim.

H&C applications are processed by IRCC. Successful applicants receive approval in principle, then must complete medical and security/criminality checks before permanent residence is formally granted.

H&C is often a last resort for applicants who have exhausted other immigration pathways. Failed refugee claimants may submit H&C applications, but there are restrictions on using H&C to collaterally challenge a negative refugee determination.

The Supreme Court of Canada confirmed in Kanthasamy v Canada (Citizenship and Immigration) [2015] 3 SCR 909 that H&C is designed to provide "relief from situations of unusual hardship or hardship not anticipated or addressed by the Immigration and Refugee Protection Act." Officers must not apply an unduly restrictive approach that limits the exercise of this discretion.