This application is for people who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds.
Humanitarian and compassionate grounds apply to people with exceptional cases. Canadian Authorities assess these applications on a case-by-case basis. Factors they look at include:
- how settled the person is in Canada
- general family ties to Canada
- the best interests of any children involved, and
- what could happen to you if they do not grant the request.
Refugees are people who are forced to leave their home country because of a fear of persecution and are not able to return home. Canada’s refugee system allows refugees to file for their permanent residency under humanitarian and compassionate grounds. They are of two categories:
- Resettlement from outside Canada and
- Claiming refugee protection from inside Canada
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Resettlement from outside Canada
Some people are not eligible to claim refugee protection in Canada. Officers who review your refugee claim decide if it will be referred to the Immigration and Refugee Board of Canada (IRB). The IRB decides who is a Convention refugee or a person in need of protection.
Convention refugees are outside their home country or the country they normally live in. They’re not able to return because of a well-founded fear of persecution based on
- political opinion
- being part of a social group, such as women or people of a particular sexual orientation
A person in need of protection is a person in Canada who can’t return to their home country safely. This is because, if they return, they may face
- danger of torture
- risk to their life
- risk of cruel and unusual treatment or punishment
Claiming refugee protection from inside Canada
To come to Canada as a refugee, you must be referred. The United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group can refer you. You cannot apply directly to us as a refugee. To be referred, you must fall into one of these two refugee classes.
- Convention refugee abroad class
- Country of asylum class