Author: Joel Sandaluk
Every year, Canada receives thousands of applications for permanent residence on humanitarian and compassionate (H&C) grounds. Most applicants are hardworking, law-abiding people who have built genuine lives in Canada and have compelling reasons for wanting to stay. Unfortunately, not every application can be approved.
After representing clients in hundreds of humanitarian and compassionate applications, and reviewing many unsuccessful cases through Federal Court judicial review, I have come to believe that one factor consistently distinguishes the strongest applications from the rest: uniqueness.
What is an H&C application, and what do officers consider?
A humanitarian and compassionate application asks an immigration officer to exercise discretion by granting an exemption from the normal requirements of Canada’s immigration laws.
The legal framework for these decisions has been shaped by important Federal Court and Supreme Court jurisprudence, including Chirwa, Baker, and Kanthasamy. Together, these cases make clear that officers must assess the whole of an applicant’s circumstances, weighing all relevant humanitarian considerations before deciding whether relief should be granted.
Officers commonly look to an applicant’s establishment in Canada, including employment, education, volunteer work, family relationships, and community involvement. They also consider the hardship an applicant would face if required to leave Canada—a lower threshold than the risk required for refugee protection or a Pre-Removal Risk Assessment, and one that may include economic hardship, discrimination, medical challenges, or family separation. Where a child is directly affected by the decision, the best interests of that child must also receive substantial consideration; it is the only factor specifically identified in the Immigration and Refugee Protection Act.
All of these considerations matter. In my experience though, they are often not enough on their own.
Why uniqueness matters
Most H&C applicants have established themselves in Canada. Most have close family and community ties. Most are honest, hardworking people who would face genuine hardship if forced to leave.
Immigration officers know this.
Because they must make difficult decisions among many deserving applicants, officers are often looking for something that distinguishes one case from another, something that justifies granting relief without creating an inconsistency with the many other applications they are required to refuse.
In other words: what makes your circumstances different?
The strongest humanitarian applications identify the aspects of an applicant’s life that make their situation genuinely exceptional—not necessarily extraordinary in the legal sense, but meaningfully different from the circumstances faced by most other applicants.
A story shaped by personal history
Many successful applications are built around an applicant’s life story.
Perhaps the applicant experienced severe trauma, abuse, persecution, or exploitation before arriving in Canada. Perhaps an unusual series of events placed them in circumstances that no reasonable person could have anticipated. Sometimes it is the combination of several unfortunate events, rather than any single factor viewed in isolation, that creates a truly compelling picture.
Helping an immigration officer understand that story is often one of the most important parts of an H&C application.
Hardship that is particular to the applicant
Hardship affects everyone differently. Some applicants belong to marginalized ethnic, religious, or sexual minority communities. Others live with disabilities or medical conditions that may not amount to persecution but nevertheless create significant barriers in their country of nationality. Highly educated women, outspoken advocates, and members of vulnerable communities may all face forms of discrimination or exclusion that deserve careful consideration.
The question is never simply whether life would be difficult. It is why it would be uniquely difficult for this particular applicant.
This is especially true where an applicant lives with a disability or a complex medical condition. Many countries lack the medical, rehabilitative, educational, or social resources needed to provide adequate support, and even where treatment technically exists, it may be inaccessible because of cost, geography, or social stigma. These realities can profoundly affect a person’s quality of life and, when supported by the right evidence, can become an important humanitarian consideration.
Exceptional talent and contribution
Another factor that can distinguish an application is the presence of an exceptional ability or accomplishment. Over the years, I have seen applications strengthened because an applicant—or, more commonly, their child—demonstrated remarkable talent as an athlete, musician, artist, scholar, or community leader. These abilities do not guarantee success, but they help illustrate the meaningful contributions an individual has already made, and is likely to continue making, in Canada.
Every successful H&C application tells a story
Preparing a strong humanitarian and compassionate application is not simply a matter of completing forms or collecting documents. It is about understanding every aspect of a person’s life and presenting those facts in a coherent, persuasive, and authentic way, showing not only why the applicant needs Canada’s compassion, but why their circumstances are meaningfully different from the many other deserving people seeking the same relief.
That requires careful preparation, thoughtful legal analysis, and a genuine understanding of the person behind the application.
At Mamann Sandaluk LLP, our lawyers take the time to understand our clients’ lives in detail. By identifying the factors that make each case unique and presenting them clearly and persuasively, we strive to maximize the chances of success in every humanitarian and compassionate application.