What is the option when refugee status is not a possibility?

This article looks at when to file an H&C application instead of applying for refugee status along with where to find answers and help.

What is the option when refugee status is not a possibility?

Not everyone wanting to come into and stay here in Canada will qualify as a refugee since individuals making an application under this immigration status must meet certain requirements and conditions in order to do so. When someone does not qualify as a refugee under the law, he or she may not know that it still might be possible to enter and remain in the country another way.

It may be possible for an immigrant to submit a humanitarian and compassionate application, which could also allow entry and residency in Canada. However, the approval of such an application is discretionary, so it is important to make sure an individual applies under the category that will provide the best chance of success.

Who is not able to claim refugee status in Canada?

Only certain individuals can claim refugee status. A variety of reasons could exist for why a person may not fall under this immigration status. Below are just some of the more common ones:

  • If another country categorizes a person as a "convention refugee" and he or she can return to that country.
  • If an individual already made a claim as a refugee since Canada only allows one claim in a lifetime.
  • If a person makes the claim at a border with the United States and he or she would qualify as a refugee in that country.

Of course, there are exceptions to nearly every rule. It may be possible that a particular person's circumstances fall within one of them. In order to know for sure, a thorough review of every exception would need to be conducted.

Submitting an H&C application

As mentioned above, Immigration, Refugees and Citizenship Canada has a great deal of discretion when it comes to whether to approve an H&C application. In addition, the applicant will not receive the chance of a hearing, so the application must be thorough and include all relevant information, documentation and evidence when submitted. The more thorough the application and attached information, the better the chances are it will receive approval.

The goal is to show that the individual deserves to remain in the country and should receive permanent resident status. Therefore, the primary basis for the application would include anything that would make others want to help the person and make others feel compassion toward him or her. An applicant who has a child or children under the age of majority need to include how it would serve the best interests of the child to remain in the country.

What is the best way forward?

Should an individual make a claim as a refugee or file an H&C application? The answer to this question is not an easy one. In addition, after making a decision regarding which avenue would provide the best possible outcome, gathering the appropriate documentation and evidence will most likely require some assistance.

Anyone wanting to know the most advantageous route would greatly benefit from discussing the matter with an immigration lawyer here in Ontario before taking any action, especially since a lawyer's experience could prove invaluable in submitting the most complete and thorough application and documentation possible.

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Source: https://stepstojustice.ca/steps/immigration/1-get-legal-advice