Program delivery update – February 3, 2017

This section contains policy, procedures and guidance used by Immigration, Refugees and Citizenship Canada staff. It is posted on the Department’s website as a courtesy to stakeholders.

Update to guidance on humanitarian and compassionate consideration

Summary

The December 2015 decision of the Supreme Court of Canada in Kanthasamy v. Canada (Citizenship and Immigration) affects how requests on humanitarian and compassionate (H&C) grounds under section 25(1) of the Immigration and Refugee Protection Act are assessed. The Supreme Court found, in particular, that the unusual and undeserved or disproportionate hardship test improperly restricts the discretion of decision makers. Minor changes have been made to the H&C instructions to eliminate references to the hardship test and "unusual and undeserved or disproportionate hardship".

Updated instructions

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