IRCC Updates Humanitarian and Compassionate (H&C) Application Instructions

Officers have a lot of discretion when it comes to assessing H&C requests. The changes to the PDIs are mostly clarifications. They touch on how officers handle evidence, document their decisions, and stay free from bias.

As Canada narrows its PR pathways, more people may be turning towards H&C applications as a last shot at permanent residence. If you have an H&C application pending or are preparing one, understanding how officers review cases can help you present a stronger case.

Key Takeaways

• The legal framework for H&C applications and the eligibility criteria has not changed.
• The language describing how officers assess submissions has moved away from “hardship” toward a broader consideration of H&C factors, with clear emphasis on the best interests of a child.
• The update clarifies that evidence from a family member or close contact should not be dismissed simply because that person has an interest in the applicant’s well-being.
• Updated guidelines clarify that an applicant does not have to prove actual bias from a decision maker. The possibility of bias may be enough.

What Is an H&C Application?

At the heart of it, a humanitarian and compassionate (H&C) application requests an IRCC officer to grant permanent residence to an applicant whose circumstances merit special consideration.

An officer must be satisfied that humanitarian and compassionate considerations, including the applicant’s establishment in Canada, hardship faced if they are forced to return to their home country, and the best interests of any child directly affected, justify relief. In such situations, the officer can exempt the applicant from meeting specific requirements of an immigration program. Approval is not guaranteed and IRCC officers have a lot of discretion in making H&C decisions.

Typically, permanent residence applications must be made from outside Canada. An H&C application is one of the few ways to apply from within Canada if leaving the country to apply from outside will cause hardship or if you have no other viable path to permanent residence. You can also request H&C consideration from outside Canada as part of an existing application.

H&C Assessment Factors

Officers weigh a range of factors when reviewing an H&C application, including (but not limited to):

• Your establishment in Canada, such as employment, community involvement, and family connections
• Conditions in your home country
• The best interests of any child directly affected by the decision
• Health considerations
• What separation from family members in Canada would mean for you and them
• Any other unique or exceptional circumstances

What Changed in the Updated H&C Instructions

Nothing about H&C eligibility or the legal test has changed. The updates only clarify how officers should handle evidence, record their decisions, and conduct themselves during the review process.

The Explicit ‘Hardship’ Requirement Was Removed

Previously, the instructions directed officers to determine whether the facts showed you would face hardship if the exemption was not granted. The updated language directs officers to determine whether the facts establish that H&C considerations, taking into account the best interests of a child directly affected, justify granting the exemption.

This does not change anything in practice. There has been no hardship “test” in H&C applications since 2015, but it remains an important part of the overall assessment. Officers have always been expected to weigh the full picture of your circumstances, including any hardship you would face if forced to leave Canada and apply for PR from abroad. The updated wording simply clarifies what was already being practiced.

Evidence From Family Members Must Be Assessed on Its Merits

The updated instructions remind officers that applicants may not always have access to objective or third-party evidence. A note has been added clarifying that evidence should not be discounted simply because the person who provided it, such as a family member, has an interest in your well-being.

This is not a new requirement but was previously not expressly mentioned in the instructions. If you have included letters or statements from people close to you in your application, this does not make that evidence automatically suspect in the eyes of an officer. It still needs to be assessed on its merits alongside everything else in your file.

Clarifications on Bias and Impartial Decision Making

The updated instructions add detail to existing requirements around bias and procedural fairness. Even previously, applicants had the right to a fair and impartial decision maker. The updated instructions clarify that you do not have to prove a decision maker was actually biased. The possibility of bias may be enough.

Officers may consult with supervisors or colleagues, but the record of decision must show that the officer weighed all relevant factors and came to their own conclusion. If the officer’s decision resulted from a superior’s advice, or from program delivery instructions, it would be a violation of procedural fairness.

The revised instructions also include examples of what bias can look like in practice, including:

• Commenting on a question before an interview
• Prior involvement in the case
• A relationship between the decision maker and one of the parties
• Marked hostility toward one of the parties
• A possibility of financial benefit from the outcome

How Officers Must Document Internet Research

In addition to the documents you submit with your application, an officer can conduct their own internet research when assessing your case. This has not changed.

However, the updated instructions require officers to upload PDF copies of any internet-sourced documents used in a decision to the Global Case Management System (GCMS). Previously, officers were only required to keep copies on file. Although this is an internal change, it will create a clearer record of what online information shaped a decision. This can be useful in case you plan to seek Judicial Review of the decision at the Federal Court.

The updated instructions also clarify that if a new, relevant, and decisive document is published in IRCC’s Sources of Country of Origin Information after you submit your application, the officer should disclose the new information to you to comply with procedural fairness requirements.

Clarifications on How Officers Record Their Decisions

How an officer documents their decision depends on the type of application. Standalone H&C applications use a national H&C template. If your H&C request is part of another application, no template is required. In all cases, the officers’ notes must show that all submissions and evidence were considered together.

One change in the new instructions is that officers must now include a bibliography and footnotes in their written reasons, and upload PDF versions of any reference documents used. This will make it easier to understand what informed a decision.

What This Means for Your Application

These updates do not change who can apply or how H&C applications are assessed in substance. They only clarify the standards to which officers are held.

In practical terms, the update reiterates the following:

• Your case should be looked at in full, not reduced to whether you can prove hardship. While all relevant factors should be considered, the best interests of any children involved remain central to these decisions.
• Personal evidence from people close to you should be taken seriously on its merits.
• The officer can look beyond your application and documentation too, but when relying on internet research, they may need to disclose what they find to you.
• Officers must make decisions that are free of bias, and even the perception of bias can be grounds for judicial review.

H&C applications are a measure of last resort for many. However, these applications are still complex, discretionary, and slow. The estimated processing time for an H&C application is currently over 10 years.

Also keep in mind that making an H&C application does not, in itself, give you status in Canada or defer removal. If H&C is still the most fitting application for your situation, it will be crucial to build a thorough and well-documented file from the start.