Exploring Refugee and Humanitarian & Compassionate Grounds in Canada

Canada—a vibrant country—is known for its humanitarian values. These are reflected in its all-inclusive nature for immigrants who seek refuge and those who apply on humanitarian and compassionate grounds. People from different corners of the world flee to Canada to seek a safe place to stay, even if they have fled persecution, war, or violence. Individuals also get the opportunity to state their unique experiences and seek shelter by applying on Humanitarian & Compassionate (H&C) grounds. Today, Canada is a global leader in housing the most vulnerable populations.

Applying for Refugee Status in Canada

Refugees are individuals who have fled their country in fear of getting persecuted based on race, religion, nationality, political feud, or being a member of a particular social group. Canada clearly defines refugees into two categories:

• Convention Refugees

This category of individuals matches the refugee definition per the 1951 Geneva Convention addressing the Status of Refugees.

• Persons in Need of Protection

This category includes individuals who need protection from their own country. They apply for refuge in Canada as they fear life-threatening risks in their home country.

How to Apply for Refugee Status?

People seeking refugee status can apply for the process both inside and outside Canada. If the individual initiates the process outside Canada, they can apply under the Refugee and Humanitarian Resettlement Program. This process involves getting a referral from the United Nations High Commissioner for Refugees (UNHCR).

If the person initiates the process after arriving in Canada, they can seek refugee status under the In-Canada Asylum Program. In this case, the individual must make a claim either at a port of entry or an inland Canada Immigration and Citizenship (CIC) office.

Hearing and Decision

The Immigration and Refugee Board (IRB) holds a hearing upon accessing the case. They evaluate the evidence the individual seeking asylum provides to check if they qualify as a refugee. If the hearing outcome is positive, the individual gains permanent residency status. If the decision is not made in the claimant’s favour, it can be appealed or reviewed only under certain circumstances.

Humanitarian & Compassionate (H&C) Grounds

Individuals residing in or outside Canada who do not meet the criteria for receiving a visa to Canada can apply for permanent residence under Humanitarian & Compassionate (H&C) grounds. Individuals who have fled their home country in fear of being assassinated can seek refuge under H&C grounds.

Eligibility Criteria

Individuals can apply for H&C grounds depending on various factors:

• If the individual has lived in, held employment, or been a part of a community in Canada for a significant period.
• If the case concerns a child and their physical, mental, and educational well-being.
• If the individual might face risks regarding their safety or life upon return to their home country.

Process of Application

Applying for Humanitarian & Compassionate grounds is a detailed process that requires proper documentation and evidence. Applicants must fulfill the following requirements:

1. Fill out the application form and provide personal information stating the reason for applying to H&C.
2. Provide necessary documentation, which includes proof of stay in Canada, medical records, or letters to support the claim issued by community members.
3. Pay the amount for the processing fee and submit the form to the immigration office.

Understanding the Decision-making

Immigration officers consider the case and assess all evidence provided in the H&C applications. Deciding in such cases may take some time, often several months. If all evidence provided is valid and the cause for seeking refugee is genuine, the individual shall be granted permanent residency. For decisions that are not favourable, the applicant can challenge them in the federal court.

Role of an Immigration Lawyer

The presence or involvement of an immigration lawyer is crucial to the success of seeking asylum. They are experts in guiding applicants through the legal procedures, helping them prepare and submit the necessary documents while ensuring they comply with immigration laws. They gather the evidence required and represent the applicant in hearings. They also advocate the case on the applicant’s behalf to ensure a high chance of a positive outcome. Many applicants might be new to such complex legal procedures. Hence, the expertise of an immigration lawyer is required to address these challenges. 

Conclusion

Refugee and Humanitarian & Compassionate Grounds in Canada are not just legal procedures. They represent Canada’s rich humanitarian values. If the reason for seeking asylum is appropriate and the evidence shared is factual, people seeking a haven often find solace in this country.

Thousands of people migrate to Canada yearly with proper documentation, visas, and passports. Many seek refugee and safety assistance under a government that embraces people of all races, ethnicities, religions, and origins. If you are looking for immigration experts in Canada, visit Kurzfeld Law Firm to seek guidance.