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.
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.