CIMM – Humanitarian and Compassionate Considerations

Key Messages

• Humanitarian and Compassionate considerations are discretionary tools that provide the Minister with the authority to grant permanent resident status to those who would not otherwise qualify in an immigration class, or an exemption from requirements of the Immigration and Refugee Protection Act (section 25(1))
• It also allows flexibility in deserving and exceptional cases not anticipated in the Immigration and Refugee Protection Act.

Supplementary Messages

How many In-Canada humanitarian and compassionate cases are in the inventory?

• As of September 2019, the processing inventory for In‑Canada humanitarian and compassionate cases was close to 17,000 individuals.
• As of December 2019, the processing inventory for In‑Canada humanitarian and compassionate cases was approximately 18,500 individuals.

What is the processing time for In-Canada humanitarian and compassionate cases?

• If someone has not applied yet, the processing time given on our website is 22 to 36 months. 
• This processing time shows how long the Department expects to take to process most complete applications under normal circumstances.
• Processing times start the day the Department receives a complete application and ends when we make a decision and may vary depending on how many applications are received

Supporting Facts and Figures

• In 2018, just over 3,700 individuals were admitted to Canada based on humanitarian and compassionate considerations.
• The 2018 acceptance rate of In-Canada humanitarian and compassionate applications was 60%.
• In 2018, approximately 150 Protected Persons, 800 Family Class, and 650 Economic Class cases were approved on humanitarian and compassionate grounds.

Background

• Requests for humanitarian and compassionate consideration must be made in writing and must accompany an application for permanent residence made in one of the existing three classes (family, economic or refugee).
• In Canada, there is also an option to apply directly for humanitarian and compassionate considerations.

Limits on Humanitarian and Compassionate Consideration:

• Foreign nationals inadmissible on security grounds, for human or international rights violations, or for organized criminality may not request humanitarian and compassionate considerations.
• Requests for humanitarian and compassionate considerations cannot be made to overcome Ministerial Instructions or Express Entry requirements.
• Failed asylum claimants cannot request humanitarian and compassionate considerations for 12 months following a final negative decision by the Immigration and Refugee Board or the Federal Court – exceptions apply for best interests of a child and where there is a risk to their life due to the inability of their country of origin to provide health or medical care

Factors for Consideration:

• Applicants are responsible for presenting all circumstances and factors that they wish to have considered in their application
• Applicants may base their requests for humanitarian and compassionate consideration on any relevant factors including, but not limited to:
  • establishment in Canada (for in-Canada applications);
  • ties to Canada;
  • the best interests of any children directly affected by the humanitarian and compassionate consideration decision;
  • factors in their country of origin including adverse country conditions;
  • health considerations including inability of a country to provide medical treatment;
  • family violence considerations;
  • consequences of the separation of relatives;
  • inability to leave Canada which led to establishment (for in-Canada applications);
  • ability to establish in Canada for overseas applications; and/or
  • any unique or exceptional circumstances that might merit relief.
• Officers conduct a global assessment of all the relevant factors, on a case-by-case basis.