Humanitarian and compassionate (H&C) considerations: Stage 1 processing in Canada - All applicants

Assessment of exemption requests at Stage 1

When officers assess an exemption request, the following must be considered:

• the objectives of the Immigration and Refugee Protection Act (the Act)
• the possibility of exempting any applicable criteria or obligation of the Act, including inadmissibilities (except section A34, section A35, section A35.1 and section A37 inadmissibilities, if the H&C application or request for an exemption is received after June 19, 2013), when the foreign national has specifically requested an exemption or when it is clear from the submissions that the foreign national is seeking an exemption (see also Dealing with inadmissibility)
• the applicant’s submissions in light of all the available information, considering all known inadmissibilities
• the possibility of conducting a comprehensive assessment by weighing all the relevant factors in an application or request to determine whether H&C considerations justify granting the requested exemption(s)
• the fact that the weight given to any factor in a case is an objective determination of the decision-maker. Decision-makers must weigh the facts in a fair and impartial manner, considering positive and negative elements. They must determine which facts are most important, which evidence is the most persuasive, which argument is the most compelling or convincing, and why
• whether the facts that support a finding of hardship have been separated from those that do not
• which facts have been established on a balance of probabilities and which statements are supported by the submissions
• whether the facts support a finding that the applicant would clearly face hardship if they were not granted the requested exemption(s) or permanent residence
• why one piece of evidence was preferred over another. Focus on the evidence that is directly applicable to making a decision or that is particularly significant to support the decision. It is not necessary to mention every piece of evidence supplied by the applicant
• if credibility is central to the decision, decision-makers must request written information from the applicant or schedule an interview
• whether the applicant was provided with a chance to respond, when extrinsic information is considered

See also Assessing documentation