Immigration Officers can't refuse H&C application if.......
Compassion is common sense and Immigration Officers can't refuse an Humanitarian and Compassionate (H&C) application if they don't provide intelligible reasons to overcome common sense.
This Federal Court Decision (Minister of Citizenship and Immigration) v Vavilov, 2019 SCC 65 (CanLII) by Justice McDonald is new and a decision all should read. This decision highlights the duty of immigration officers to provide transparent, justified, and intelligible reasons when refusing an application.
One Humanitarian and Compassionate refusal I had read was shocking. The Officer writing that the Grandson can still communicate with his Grandparents over the internet when the Grandparents are removed. What justification did this Officer have in his rationale, for exercising his power and control over the applicants? Taking his limited refusal reasons into consideration would eliminate all the BIOC Best Interest Of Child factors highlighted in previous Federal Court decisions.
When immigration officers overlook common sense, their refusals will be overturned. Applying for a reconsideration is normally not worth one's time. Applicants rarely have the funds to challenge a decision at the Federal Court.
Lawyers charge applicants by the minute and will not take the time to highlight H&C factors. Just writing that little Tom education will be affected without details why exactly is a disservice to their client. Lawyers normally have staff write H&C submissions even when those staff have never spoken to the client.
Immigration Consultants will take the time to expand on any H&C factors they can find. Understanding and explaining all the potential H&C factors takes time. Conducting research on all factors can take weeks. RCIC or Regulated Immigration Consultants of Canada know that if they win an H&C submissions, they will receive referral clients.
IRCC says these are the H&C factors for consideration.
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/orany unique or exceptional circumstances that might merit relief.
Roy Kellogg
Regulated Consultant
RCIC R413103
