Author: Joel Sandaluk
Many immigration lawyers view a humanitarian and compassionate (H&C) application as a remedy of last resort. I do not.
In fact, there are many situations where an H&C application is not the only available option—it is the strongest and most effective strategy for obtaining permanent residence in Canada.
A humanitarian and compassionate application is, at its core, a request for discretionary relief. It asks Immigration, Refugees and Citizenship Canada (IRCC) to exempt an applicant from certain requirements of the Immigration and Refugee Protection Act because fairness, compassion, or the unique circumstances of the case justify doing so. Since the decision is discretionary, no lawyer can ever guarantee success. That uncertainty has led many practitioners to treat H&C applications as a fallback option rather than a primary strategy.
That approach overlooks the true purpose of humanitarian relief.
What is an ‘H&C’ and who can apply?
Canadian immigration law recognizes that rigid application of the rules does not always produce a fair result. Humanitarian and compassionate relief allows immigration officers to consider the full context of a person’s life, including their establishment in Canada, the hardship they would face if required to leave, as well as the best interests of any child directly affected by the decision.
The exercise of this discretion is guided by important Federal Court jurisprudence, including Chirwa, which recognizes that relief may be appropriate where a reasonable person, upon becoming aware of the applicant’s circumstances, would feel motivated to take steps to alleviate their hardship.
Every successful H&C application tells a story that cannot be fully captured by checkboxes on an immigration form.
When an H&C application is the best strategy
One of the most common situations where I recommend an H&C application is when someone has lived in Canada without status for many years. These individuals are often deeply established in Canadian society. They may have built careers, volunteered in their communities, formed lasting relationships, and raised children who know no other home.
Although they may not qualify under one of Canada’s “normal” immigration streams, forcing them to leave Canada and apply from abroad often serves no meaningful purpose and can result in significant hardship. These cases often include compelling humanitarian considerations that deserve careful and individualized assessment, including the alert, alive, and sensitive assessment of the best interests of any children involved.
Another situation arises when a person has a pending immigration application but requires a narrow exemption to overcome a specific legal obstacle or deficiency. In these circumstances, humanitarian relief can be targeted and focused, asking the Minister to waive a particular requirement rather than reject the entire application. From both a legal and policy perspective, these requests can often be very persuasive.
A case that could only be solved with humanitarian relief
One case that has remained with me involved an elderly married couple who had been together for more than 55 years.
Both were stateless and had spent decades living and working together in Saudi Arabia. Although they were married, each held travel documents issued by a different country. When they eventually had to leave Saudi Arabia upon, an extraordinary problem emerged: neither travel document permitted one spouse to accompany the other. For the first time in more than half a century of marriage, they faced the very real possibility of being forced to live permanently in separate countries.
Meanwhile, many of their children and all of their grandchildren had established their lives in Canada.
There was no conventional immigration program capable of addressing this situation. The only realistic solution was to request humanitarian and compassionate relief.
We were able to persuade the Minister that, after more than five decades of marriage, separating the couple would be fundamentally unfair. Their application was approved, allowing them to remain together in Canada with their family. Today, both are permanent residents of Canada.
Every case is unique
Cases like this are unusual, but they illustrate an important principle: humanitarian and compassionate applications exist because not every deserving case fits neatly within Canada’s immigration rules.
Some applicants have lived in Canada for decades. Others are caring for Canadian children or elderly family members. Some face exceptional hardship abroad. Others require only a limited exemption to overcome an otherwise technical obstacle.
Each case must be carefully prepared, thoroughly documented, and presented in a way that demonstrates why an exception to the law is justified.
Experienced representation matters
Humanitarian and compassionate applications are among the most challenging applications in Canadian immigration law. They require not only a detailed understanding of the legislation and Federal Court jurisprudence, but also the ability to present a compelling narrative supported by persuasive evidence.
Well prepared, an H&C application can provide a pathway to permanent residence for individuals and families who would otherwise have no realistic opportunity to build their future in Canada.
At Mamann Sandaluk LLP, our lawyers have extensive experience preparing complex humanitarian and compassionate applications and helping clients present the strongest possible case for discretionary relief.