Program delivery update – March 2, 2016
This section contains policy, procedures and guidance used by IRCC 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 (SCC) in Kanthasamy v. Canada (Citizenship and Immigration) affects how humanitarian and compassionate (H&C) requests under subsection 25(1) of the Immigration and Refugee Protection Act are assessed. The SCC found, in particular, that the unusual and undeserved or disproportionate hardship test improperly restricts the discretion of decision makers. As a result of the SCC decision, the hardship test is no longer to be used. The instructions regarding H&C assessments have been updated to reflect the Kanthasamy decision.
Updated instructions
- Humanitarian and compassionate considerations: Assessment and processing
- Humanitarian and compassionate assessment: Hardship and the H&C assessment
- Humanitarian and compassionate assessment: Balance between discretion and consistency
- Humanitarian and compassionate assessment: Best interests of a child