Leading Canadian and US Immigration Expertise - Since 1987

Immigration to Canada > Humanitarian & Compassionate

Section 25 of the Immigration and Refugee Protection Act permits individuals to apply for landing from inside Canada on humanitarian and compassionate grounds. Section 25 permits the Minister of Citizenship and Immigration, upon request of a foreign national who is inadmissible or who does not meet the requirements of this Act or on the Minister’s own initiative, to examine the circumstances concerning the foreign national. The Minister may grant the foreign national permanent resident status if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations, taking into account the best interests of a child directly affected, or by public policy considerations.

 

Humanitarian and compassionate applications are assessed based on the applicant’s establishment in Canada and the degree to which the applicant would experience hardship if forced to apply from outside of Canada.


The existence of a pending humanitarian and compassionate application does not prevent the Minister from deporting the applicant from Canada before his/her application has been considered.

 

Success with this type of application is usually limited to individuals who have been in Canada for a lengthy period of time or who are spouses of Canadian citizens or permanent residents who are in Canada. Permanent residence may also be granted to other people with specific circumstances that are extremely compelling.

 

Individuals who believe their personal circumstances may warrant humanitarian and compassionate consideration should contact our office immediately for a free consultation. Please note that all consultations are held in strict confidence.

 

Further Reading

Application refused? Federal Court and IRB Hearings – Federal Court

Six month extension no solution for dying nanny – Guidy Mamann,  June 16th, 2008

Decisions must be very wrong before courts act – Guidy Mamann, February 5th, 2007

No recourse for judge who denied abused woman relief – Guidy Mamann, May 28th, 2007

Don’t let young minds go to waste – Guidy Mamann, September 18th, 2006

Humanitarian cases risky – Guidy Mamann, February 27th, 2006

Canadians alone here can sponsor distant relative – Guidy Mamann, October 31st, 2005

Read fine print to avoid deportation – Guidy Mamann, April 18th, 2005

MP’s help can’t hurt – Guidy Mamann, January 31st, 2005

Compassion cases do face hurdles – Guidy Mamann, January 24th, 2005

Tsunami victims stranded – Guidy Mamann, January 4th, 2005

Disaster demands action – Guidy Mamann, January 4th, 2005

Compassion is common sense – Guidy Mamann, November 29th, 2004