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Humanitarian and compassionate considerations for immigration to Canada

A strange case illustrates some of the strength of the Canadian immigration system. The very nature of it had forced to reconcile many different values and aspirations.

For example, the system attempts to mediate between providing both consistency and certainty . On one ( metaphorical) hand, but also flexibility and fairness on the other.

The Immigration and Refugee Protection Act (IRPA) is the main statute governing immigration to Canada . IRPA reflects this balancing effort. 

When seeking Immigration status in Canada , section 25(1) of the IRPA allows persons. Specially, those who do not meet one or more of the application requirements set forth in the act to request that the government consider waving the relevant requirements on humanitarian and compassionate (H&C) grounds. The minister of Citizenship and immigration may also, himself,  request such consideration.

When an H&C request is made by a foreign national inside Canadian immigration system is obliged to consider it. H&C requests can also be made outside of Canada , however, there is no legal obligation to consider them. To be clear, H&C consideration is just that. it is a request for an exception to usual application requirements, not an automatic grant of waiver.

If you are interested to learn more about this case: Follow- Essu Center

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