Humanitarian and Compassionate Grounds Application | Toronto Lawyer

This service is for individuals in Canada who are seeking permanent residence but do not qualify, or cannot currently apply, under a regular immigration program.

It may be suitable for applicants who:

• are currently out of status in Canada;
• have lived in Canada for a significant period;
• have Canadian citizen or permanent resident family members;
• have children whose best interests would be affected by removal or separation;
• are established through work, school, community involvement, or family life;
• face hardship if required to leave Canada;
• have medical, psychological, or personal circumstances requiring stability in Canada;
• lost status because of error, misunderstanding, delay, or difficult personal circumstances;
• have previous refusals or a complex immigration history;
• are facing enforcement action or removal; or
• need to assess whether humanitarian and compassionate relief is the appropriate remedy.

This service may also assist applicants who need to understand whether another option, such as spousal sponsorship, a temporary resident permit, restoration of status, a pre-removal risk assessment, judicial review, or another immigration strategy may be more appropriate.

Legal representation for a humanitarian and compassionate grounds application may include eligibility review, strategy development, evidence planning, application preparation, and legal submissions.

Eligibility and Strategy

• assessment of whether a humanitarian and compassionate grounds application is appropriate;
• review of immigration history, current status, and previous applications;
• identification of establishment, hardship, best interests of children, and other humanitarian factors;
• assessment of risks, discretionary issues, and timing;
• review of inadmissibility, enforcement, or removal concerns;
• consideration of whether another immigration pathway or temporary remedy should be pursued; and
• review of prior refusals, officer concerns, or available immigration records.

Evidence and Documentation

• evidence of residence and establishment in Canada;
• evidence of family, community, employment, school, volunteer, or religious ties;
• documents showing hardship if the applicant must leave Canada;
• evidence related to the best interests of children directly affected;
• medical, psychological, counselling, or support records, where applicable;
• country-condition evidence, where relevant;
• affidavits, statutory declarations, and support letters;
• documents explaining gaps in status or prior non-compliance; and
• organization of the evidence into a clear narrative.

Application Preparation

• preparation or review of required forms;
• organization of the humanitarian and compassionate grounds application package;
• drafting of legal submissions under section 25 of the Immigration and Refugee Protection Act;
• review of consistency across forms, declarations, evidence, and immigration history;
• guidance on police certificates, medical examinations, biometrics, and IRCC requests; and
• monitoring of IRCC correspondence through to a decision.

Complex Situations

Legal representation may be especially useful where the applicant is out of status, has a removal order, has previous refusals, has a long immigration history, has children affected by the outcome, has medical or psychological evidence, has limited documents, has no clear regular immigration pathway, or has prior findings involving misrepresentation, criminality, or other inadmissibility concerns.

Legal assistance is recommended where the application requires a structured explanation of establishment, hardship, best interests of children, and discretionary factors.

This may include situations where:

• the applicant has been out of status for a long period;
• removal is scheduled or enforcement action is active;
• Canadian children or permanent resident children would be affected;
• the applicant has strong establishment evidence but no regular pathway to permanent residence;
• hardship in the country of return requires detailed explanation;
• medical, psychological, or family circumstances require supporting evidence;
• previous applications have been refused;
• the applicant has a past refugee claim, pre-removal risk assessment, or removal history;
• there are concerns about inadmissibility or prior non-compliance;
• the evidence is lengthy and needs to be organized clearly; or
• the applicant needs advice on whether to file a humanitarian and compassionate grounds application or pursue another remedy.

Humanitarian and compassionate grounds applications are discretionary and evidence-driven. Refusals often arise where the applicant has not clearly shown why an exemption is justified, where establishment evidence is weak, where hardship is not sufficiently explained, where the best interests of children are not fully addressed, or where negative immigration history outweighs the positive factors.

A refusal should be reviewed before reapplying. Depending on the circumstances, the next step may involve requesting officer’s notes, preparing a stronger new humanitarian and compassionate grounds application, submitting a reconsideration request where appropriate, or seeking judicial review at the Federal Court where there are reviewable errors.