Humanitarian and compassionate (H&C) considerations: In-Canada permanent residence (PR) granting public policies where H&C requests were also made
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
This page contains guidance regarding requests for humanitarian and compassionate consideration (H&C) made by individuals who have applied for permanent residence pursuant to an in-Canada permanent residence granting public policy.
On this page
Public Policy objectives
The Minister has the authority to establish a temporary public policy under section 25.2 of the Immigration and Refugee Protection Act (the Act) to grant permanent residence or an exemption from requirements or obligations of the Act to foreign nationals based on public policy grounds. Per subsection 2(2) of the Act, the Act includes the Immigration and Refugee Protection Regulations (the Regulations) and the Ministerial Instructions given under subsection 14.1(1)). Therefore, public policies are not part of the Act or the Regulations.
Public policies are generally issued to facilitate foreign nationals in similar circumstances who meet specific conditions (eligibility requirements).
Assessment of the PR public policy application
Principal applicants and their accompanying family members are individually assessed based on the conditions and eligibility requirements specified in the public policy. To be granted permanent residence under a public policy, foreign nationals must meet all of the conditions set by the Minister in the public policy If they do not meet the conditions, the application should be refused.
In most cases, processing officers must follow procedural fairness guidelines if they are not satisfied that an applicant meets the criteria of the public policy. In such cases, the office must inform the applicant of their concerns, and the applicant must have the opportunity to respond and provide additional information in support of their application. In cases where the public policy requires applicants to provide all supporting documentation necessary to assess that they meet the conditions of the public policy, procedural fairness would not be required to provide applicants with an opportunity to provide additional information to demonstrate that they meet the conditions of the public policy.
H&C requests made in the context of in-Canada PR granting public policies
Pursuant to subsection A25(1) of the Act, a foreign national who is inadmissible or who does not meet the requirements of the Act may make a written request for H&C. In most cases, if a request for H&C considerations is made in Canada, the Minister (or a delegated officer) must consider the request. However, as the conditions imposed by the Minister in a public policy are not criteria or obligations of the Act, officers do not have the authority to grant exemptions from the conditions of the public policy set by the Minister. Therefore, if an individual does not meet all of the conditions set by the Minister and requests H&C to overcome those conditions, the public policy application for permanent residence should be refused.
As a decision is being made on the public policy application, applicants are not entitled to an additional, distinct decision on whether to grant them permanent residence on H&C grounds.
If an applicant requests H&C considerations in the context of an application for a public policy, officers must acknowledge this request in their refusal letter. Officers should clarify to applicants that an H&C request cannot overcome the conditions outlined in the public policy, and as a result, the application has been refused.
The officer processing the public policy application should:
- refuse the public policy application, explicitly identifying which requirement of the public policy, or requirement of the Act and the Regulations (if applicable), the applicant failed to meet.
- advise the applicant that in order for H&C considerations to be assessed they will need to re-apply for permanent residence on H&C grounds and pay the applicable fees.