For individuals involved in Canada’s refugee protection system, immigration matters can sometimes become complicated when there are additional humanitarian and compassionate circumstances surrounding their case. In certain situations, Humanitarian Submissions Related to Refugee Claims may be considered as part of an overall immigration strategy, depending on the applicant’s circumstances, the stage of the refugee process, and the legal options available.
At MyRoaming World Immigration and Citizenship Consulting, we understand that every immigration and refugee-related situation is different. Our role is to help clients understand their available options, organize relevant documentation, and prepare submissions that clearly present the facts and circumstances of their case.
How Can Humanitarian Considerations Relate to Refugee Claims?
A refugee claim and a humanitarian and compassionate application are different immigration processes with different legal requirements.
A refugee claim generally focuses on whether an individual meets the legal definition of a protected person based on circumstances such as persecution or a risk of serious harm in their country of nationality or habitual residence.
Humanitarian considerations, on the other hand, may involve broader personal circumstances that could support a request for an immigration exemption or other relief where permitted under Canadian immigration law.
Because these processes are separate, applicants should not assume that a humanitarian submission can simply replace a refugee claim or automatically provide an alternative if a refugee claim is unsuccessful.
Circumstances That May Be Relevant
Depending on the circumstances of the case, humanitarian submissions may address a range of factors, including:
Establishment in Canada
The applicant’s degree of establishment in Canada may be relevant. This could include employment history, education, community involvement, professional activities, friendships, volunteer work, and other evidence demonstrating meaningful ties to Canadian society.
Family and Community Connections
Family relationships in Canada can be an important part of a humanitarian submission. Applicants may need to provide evidence of their relationships, the nature of their family connections, and the impact that a potential departure from Canada could have on those relationships.
Best Interests of Children
Where children are affected by an immigration decision, their best interests can be an important consideration. The submission should clearly identify the children affected and explain how the circumstances may impact them.
Relevant evidence could include information concerning education, family relationships, emotional or developmental considerations, and the practical consequences of separation or relocation.
Hardship
An applicant may also need to explain circumstances that could result in significant hardship. However, simply demonstrating that life in Canada is more comfortable or that conditions in Canada are better than in another country may not, by itself, be sufficient.
The circumstances need to be presented carefully and supported with credible evidence.
Other Personal Circumstances
Every case is different. Depending on the situation, other factors may also be relevant. The strength of a humanitarian submission often depends on how the individual circumstances are explained and supported by documentation.
Refugee Claims and Humanitarian Applications Are Not the Same
One of the most important things applicants should understand is that a humanitarian and compassionate application is not another version of a refugee claim.
A refugee claim generally concerns protection from persecution or serious risk in the applicant’s country of nationality or habitual residence.
A humanitarian application focuses on whether there are sufficient humanitarian and compassionate considerations to justify an exemption from certain immigration requirements.
Therefore, applicants should avoid simply repeating the same information from a refugee claim without considering whether that information is relevant to the humanitarian assessment.
The Importance of Timing
Timing can be particularly important in cases involving refugee claims.
An individual’s options may depend on whether their refugee claim is:
- Pending;
- Withdrawn;
- Abandoned;
- Rejected;
- Ineligible;
- Under appeal or review; or
- Otherwise subject to a particular immigration process or restriction.
There can also be legal restrictions affecting when certain applications can be made following a refugee claim or refusal.
For this reason, applicants should obtain professional advice before withdrawing a refugee claim, filing another immigration application, or assuming that a humanitarian application is available to them.
Supporting Documentation Matters
A strong submission should be supported by evidence whenever possible.
Depending on the circumstances, documentation may include:
- Proof of family relationships;
- Children’s documents and school records;
- Employment records;
- Tax documents;
- Educational records;
- Community or volunteer involvement;
- Letters of support;
- Evidence of establishment in Canada;
- Medical or other relevant records where appropriate;
- Evidence concerning hardship;
- Country-condition information where relevant; and
- Any other documents that support the applicant’s specific circumstances.
The purpose of the documentation is not simply to provide a large number of documents. Evidence should be relevant, credible, organized, and connected to the specific arguments being made.
Why Professional Assistance Can Be Important
Humanitarian cases can be highly fact-specific. Applicants may have complicated immigration histories involving refugee claims, work permits, study permits, family members, previous applications, refusals, or other immigration proceedings.
A professional review can help identify:
- What immigration options may be available;
- Whether humanitarian considerations may be relevant;
- What factors should be emphasized;
- What supporting evidence should be collected;
- Whether previous immigration proceedings affect the available options; and
- How the submission can be presented in a clear and organized manner.
At MyRoaming World Immigration and Citizenship Consulting, we take the time to understand the applicant’s history and circumstances before developing an immigration strategy.
Our Approach to Humanitarian Submissions
Our approach is focused on understanding the complete picture rather than relying on a standard template.
We can assist with reviewing the applicant’s immigration history, identifying relevant humanitarian considerations, organizing supporting documentation, preparing a structured submission, and ensuring that the applicant’s circumstances are presented clearly and consistently.
Every case has its own facts. Our objective is to help applicants understand their options and present their circumstances as accurately and effectively as possible.
Frequently Asked Questions
Can I apply on humanitarian and compassionate grounds if I have made a refugee claim?
Possibly, depending on your circumstances and the status of your refugee claim. Canadian immigration law contains specific rules and restrictions that may affect eligibility and timing. A review of your individual immigration history is important before proceeding.
Does a humanitarian application guarantee permanent residence?
No. A humanitarian and compassionate application does not guarantee approval or permanent residence. The decision is based on the applicable legal requirements and the circumstances and evidence presented.
Can I use my refugee claim evidence in a humanitarian application?
Some information or documentation may be relevant, but the purpose and legal considerations of the applications are different. The evidence should be reviewed carefully to determine how it may support the humanitarian submissions.
What if my refugee claim has been refused?
The options available after a refugee claim is refused can depend on several factors, including the type of decision, available appeal or review options, deadlines, and the applicant’s individual circumstances. It is important to obtain advice promptly rather than assuming that a humanitarian application is automatically available.
How can MyRoaming World help?
MyRoaming World can review your immigration circumstances, help identify potential options, organize supporting evidence, and assist with preparing a clear and comprehensive humanitarian submission where appropriate.
Speak With MyRoaming World
If you have made a refugee claim in Canada and believe that there are significant humanitarian circumstances affecting your situation, it is important to understand your options before taking the next step.
MyRoaming World Immigration and Citizenship Consulting provides professional immigration consulting services to help individuals and families navigate complex Canadian immigration matters.
Every case is different, and eligibility depends on the applicant’s individual circumstances. Contact MyRoaming World today to discuss your situation and determine what options may be available to you.
Disclaimer: This article is provided for general informational purposes only and does not constitute legal advice or create a consultant-client relationship. Canadian immigration laws, policies, and procedures may change. Applicants should obtain advice based on their individual circumstances before making an immigration application or decision.