Refugee Claims and H&C
Refugee Claims
Canada provides protection to individuals who face serious risks, persecution, or exceptional hardship.
Refugee Claims
Canada provides refugee protection to individuals who cannot return to their home country due to a well-founded fear of persecution or risk of serious harm, in accordance with Canadian law and international obligations.
Refugee protection may be granted under two main categories:
Convention Refugees
Individuals who face persecution based on race, religion, nationality, political opinion, or membership in a particular social group, as defined in the 1951 Refugee Convention.
Persons in Need of Protection
Individuals in Canada who would face a risk of torture, threat to life, or cruel and unusual treatment or punishment if returned to their country of origin.
A refugee claim may be made:
- At a Port of Entry to an officer of the Canada Border Services Agency
Inside Canada through an application to Immigration, Refugees and Citizenship Canada
Individuals outside Canada may access protection through refugee resettlement programs, often with a referral from the United Nations High Commissioner for Refugees (UNHCR).
Humanitarian and Compassionate (H&C)
A H&C application is a discretionary pathway to permanent residence for individuals who do not qualify under standard immigration programs.
H&C Application
A H&C application allows Immigration, Refugees and Citizenship Canada (IRCC) to grant exemptions from certain immigration requirements when compelling personal circumstances justify special consideration.
IRCC officers assess all relevant circumstances, including:
Establishment in Canada – length of residence, employment history, education, language ability, and community involvement.
Best Interests of a Child (BIOC) – the impact on children, particularly Canadian citizens or permanent residents.
Hardship if Removed – significant difficulties upon return, such as limited access to medical care, risk of violence or discrimination, or severe social or economic hardship.
Family Ties in Canada – close family relationships or strong community connections in Canada.
Other Compelling Circumstances – any exceptional factors that may justify discretionary relief.