Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants
For many people who have made Canada their home but have uncertain legal status and are ineligible to apply for permanent residence through other channels, the Humanitarian and Compassionate (H&C) application is the only available pathway to permanent residence and stability in Canada. Applicati...
| Main Authors: | , |
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| Format: | Article |
| Language: | English |
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MDPI AG
2022-04-01
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| Series: | Laws |
| Subjects: | |
| Online Access: | https://www.mdpi.com/2075-471X/11/3/40 |
| _version_ | 1797485320995864576 |
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| author | Anthony Delisle Delphine Nakache |
| author_facet | Anthony Delisle Delphine Nakache |
| author_sort | Anthony Delisle |
| collection | DOAJ |
| description | For many people who have made Canada their home but have uncertain legal status and are ineligible to apply for permanent residence through other channels, the Humanitarian and Compassionate (H&C) application is the only available pathway to permanent residence and stability in Canada. Applications for permanent residence on H&C grounds have become a key component of Canada’s immigration system and yet this pathway remains under-researched. Drawing upon extensive desk research and the preliminary analysis of interview data, this article addresses this gap in the scholarship by offering a critical analysis of the H&C program. In it, we begin by discussing the specific challenges that this highly discretionary decision-making process poses for vulnerable applicants and suggest areas for improvement. We then focus on H&C applications and decisions that directly impact children and explain why a change in the Canadian application of the best interests of the child principle is required. Finally, we consider two recent trends in H&C cases: the sharp increase in the number of applications and the increasingly high rates of refusal. Throughout this analysis, we highlight the negative repercussions the current system has on the most vulnerable categories of migrants and the need to better understand these phenomena. |
| first_indexed | 2024-03-09T23:17:05Z |
| format | Article |
| id | doaj.art-eaff30bce4cd4a4f88686ca942f41201 |
| institution | Directory Open Access Journal |
| issn | 2075-471X |
| language | English |
| last_indexed | 2024-03-09T23:17:05Z |
| publishDate | 2022-04-01 |
| publisher | MDPI AG |
| record_format | Article |
| series | Laws |
| spelling | doaj.art-eaff30bce4cd4a4f88686ca942f412012023-11-23T17:34:57ZengMDPI AGLaws2075-471X2022-04-011134010.3390/laws11030040Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” ApplicantsAnthony Delisle0Delphine Nakache1Faculty of Law, University of Ottawa, Ottawa, ON K1N6N5, CanadaFaculty of Law, University of Ottawa, Ottawa, ON K1N6N5, CanadaFor many people who have made Canada their home but have uncertain legal status and are ineligible to apply for permanent residence through other channels, the Humanitarian and Compassionate (H&C) application is the only available pathway to permanent residence and stability in Canada. Applications for permanent residence on H&C grounds have become a key component of Canada’s immigration system and yet this pathway remains under-researched. Drawing upon extensive desk research and the preliminary analysis of interview data, this article addresses this gap in the scholarship by offering a critical analysis of the H&C program. In it, we begin by discussing the specific challenges that this highly discretionary decision-making process poses for vulnerable applicants and suggest areas for improvement. We then focus on H&C applications and decisions that directly impact children and explain why a change in the Canadian application of the best interests of the child principle is required. Finally, we consider two recent trends in H&C cases: the sharp increase in the number of applications and the increasingly high rates of refusal. Throughout this analysis, we highlight the negative repercussions the current system has on the most vulnerable categories of migrants and the need to better understand these phenomena.https://www.mdpi.com/2075-471X/11/3/40humanitarian and compassionate considerationsvulnerabilitydiscretiondecision makingpermanent residencebest interests of the child |
| spellingShingle | Anthony Delisle Delphine Nakache Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants Laws humanitarian and compassionate considerations vulnerability discretion decision making permanent residence best interests of the child |
| title | Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants |
| title_full | Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants |
| title_fullStr | Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants |
| title_full_unstemmed | Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants |
| title_short | Humanitarian and Compassionate Applications: A Critical Look at Canadian Decision-Makers’ Assessment of Claims from “Vulnerable” Applicants |
| title_sort | humanitarian and compassionate applications a critical look at canadian decision makers assessment of claims from vulnerable applicants |
| topic | humanitarian and compassionate considerations vulnerability discretion decision making permanent residence best interests of the child |
| url | https://www.mdpi.com/2075-471X/11/3/40 |
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