Two Mistakes in Canadian Humanitarian and Compassionate Applications


When preparing a Canadian humanitarian and compassionate application, it’s important to avoid two common mistakes: not addressing the duty of procedural fairness and failing to mention if you have family ties to Canada. These two mistakes can have a devastating impact on the children and families of Canada. By according to top immigration lawyer Toronto, following these guidelines, you can avoid making both of these mistakes. Here are some examples.

Two Mistakes in Canadian Humanitarian and Compassionate Applications

Duty of Procedural Fairness

In determining the duty of procedural fairness, the court should look at the context in which the decision was made and the role played by the decision-maker. For example, there is no appeal procedure for H&C decisions, but a duty of fairness does exist if the decision is conclusive and is decisive of the issue. Similarly, the court should consider the views of the affected parties.

The duty of procedural fairness in Canadian humanitarian and compassion applications may vary depending on the decision’s significance and the statutory scheme in which it is made. For example, it may be appropriate for a junior immigration officer to take down notes about the reasons for the decision rather than providing an explanation of the decision in writing. This satisfies the principle of open decision-making and fair procedures.

Life threatening circumstances

There are some rules that must be followed when applying for refugee status under humanitarian and compassionate grounds. First of all, an applicant can only apply for one of these grounds at a time. Second, different risk factors are not assessed under humanitarian and compassionate grounds. Therefore, if the applicant has a child under 18 or is suffering from a life-threatening condition, he or she can apply again. A successful application can greatly benefit the applicant’s chances of obtaining permanent residence in Canada.

The second rule relates to establishing life threatening circumstances. A person cannot apply for H&C status if they are only seeking temporary residence. Third, the application cannot be based on risk factors. Therefore, persons who experience adverse impacts of the situation should apply for refugee status instead. The team at Chaudhary Law specializes in humanitarian immigration. With extensive experience in international human rights, they help foreign nationals apply for refugee status in Canada.

Family ties to Canada

Applying for permanent residence in Canada on compassionate and humanitarian grounds requires that foreign nationals present certain supporting documentation. These applications are granted when the circumstances justify the move. Humanitarian applications are assessed on a number of criteria, including family ties, the welfare of dependents, and adaptability to Canadian life. Here are some tips to help you make the most of this program. Here are some examples of compassionate and humanitarian applications.

Evidence of community involvement: If an applicant is active in a religious organization or community, demonstrating their involvement in those organizations may be helpful. Providing evidence of community involvement can also show a strong connection to Canada. Having copies of birth certificates, report cards, school awards, and letters from friends is also helpful. If possible, obtain copies of certificates for each child. If possible, include letters of support from people they consider to be friends of the applicant’s children.

Adaptability to Canada

Adaptability to Canada is a criterion in immigration policies, but what exactly does it mean? It refers to your ability to live and work in Canada. To be rated high on this criterion, you must have at least a 6.5 average score in the English language. The other criterion focuses on your past experiences in Canada. For example, if you have lived in another country for at least five years, you should receive a higher score than a citizen of that country.

While the Immigration and Refugee Protection Act replaced s. 115(2) of the Immigration Act, 1976, Parliament has recognized that in some cases a strict application of the rules would not reflect the policy objectives of Canada or could lead to an arbitrary or inhumane outcome. In addition, the Act does not intend to grant routine relief, which is why the test must balance strictness with flexibility. The test is flexible but must take into account a variety of relevant factors.

Reasons to Hire a Canadian Immigration Lawyer


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There are a variety of reasons to hire a Canadian immigration lawyer. Not only can an attorney handle direct communication with the Canadian Government, but they can also polish your application and overturn a refusal. In this article, we’ll explore these and other reasons to use a lawyer. You may be wondering what to look for in a lawyer. Listed below are just a few. To make your selection easier, you can browse through our list of the top reasons to hire a Canadian immigration lawyer.

Can a Canadian immigration lawyer overturn a refusal?

If you’ve been refused a visa by Immigration, Refugees, and Citizenship Canada (IRCC), you may be able to appeal the decision to the Federal Court. If you’re in an extremely high-risk situation and a judge is likely to rule in your favour, you should consider this option. Depending on the circumstances, this may be a more difficult process than you initially thought.

The first step in the appeal process is to send a notice of appeal to the Federal Court of Canada. This process, called judicial review, requires you to show that your immigration officer’s decision is unfair or based on an error of law. You must file the appeal within 15 days of the denial letter or 60 days of the date you were refused. The Immigration Appeal Division must rule in your favor, and can take up to three months to make a decision.


Can a Canadian immigration lawyer handle direct communication with the Canadian Government?

A Canadian immigration lawyer can help you navigate the complicated rules of entry into Canada. Some immigrants are vulnerable to fraud, negligence, or extreme vulnerability. If the documents provided are false, the immigrants’ immigration status will be permanently damaged. Fraudulent behaviour can cost a person their wages, their property in their home country, or even their loans. Therefore, it is imperative that the Toronto immigration lawyer you hire has experience in handling such cases.

The Government of Canada recently announced new regulations for immigration consultants. These new regulations include the creation of a strengthened self-regulation body for immigration consultants. This new body, called the College of Immigration and Citizenship Consultants (CICC), received royal assent in June 2019. The Act came into force on December 9, 2020. The new College will be independent of the government, although it will be under strong oversight by the Immigration and Refugee Council of Canada (IRCC).

Can a Canadian immigration lawyer polish your application?

While it may seem like an easy task, the immigration process can be daunting. After all, not every job offer is the same. While hiring an immigration attorney can expedite the process, you should also consider hiring interviewers to present your case. In addition, submitting freedom of information requests can be a great way to ensure your application is error-free. If you have a full-time job, hiring a legal adviser can be especially helpful.

It is important to know what documents your lawyer will be requesting, and if there are any missing documents. Immigration laws are complex and can cause a lengthy wait for applicants. Sometimes, it may take several years to get the approval you need. Fortunately, a Canadian immigration lawyer can guide you through this complicated process. With their knowledge, they can present your case in the best possible light. In addition, they can help you determine if your lawyer is the cause of the delay.