4,820 result(s)
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1.
Singh v. Canada (Citizenship and Immigration) - 2022 FC 147 - 2022-02-07
Federal Court DecisionsOn four occasions (in 2005, 2008, 2016 and 2019), he filed applications for permanent residence on the basis of humanitarian and compassionate grounds. [...] The SCC specified the legal test the Minister’s representatives must use to assess claims for humanitarian and compassionate relief. [...] On the contrary, Mr. Singh’s four applications for humanitarian and compassionate relief were processed and considered as if nothing had happened.
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2.
Liang v. Canada (Minister of Citizenship and Immigration) - 2006 FC 967 - 2006-08-11
Federal Court Decisionshumanitarian and compassionate rule was subtended by section 3 of the Immigration Act requiring the facilitation of reunion between Canadian citizens and their close relatives from abroad, it follows that what was humanitarian and compassionate prior to 1988 for long years is still humanitarian and compassionate today. [...] Therefore, this should continue to be recognized as humanitarian and compassionate. [...] What was humanitarian and compassionate then remains humanitarian and compassionate today, and family reunification remains a cornerstone of immigration legislation.
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3.
Ahmad v. Canada (Citizenship and Immigration) - 2008 FC 646 - 2008-05-22
Federal Court Decisions[5] On September 29, 2004, the applicants applied for permanent residence on humanitarian and compassionate grounds. [...] [44] Neither the Act nor the Regulations specify what constitutes humanitarian and compassionate grounds. [...] 6.6 Humanitarian and compassionate grounds Applicants making an application under A25(1) are requesting processing in Canada due to compassionate or humanitarian considerations.
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4.
Nawaratnam v. Canada (Minister of Citizenship and Immigration) - 2001 FCT 976 - 2001-08-30
Federal Court Decisions[18] In my view, the IAD did embark on a balancing of humanitarian and compassionate considerations against the applicant's legal impediment. [...] (b) on the ground that there exist compassionate or humanitarian considerations that warrant the granting of special relief. [...] They show Parliament's intention that those exercising the discretion conferred by the statute act in a humanitarian and compassionate manner.
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5.
Hurtado v. Canada (Minister of Citizenship and Immigration) - 2006 FC 1477 - 2006-12-12
Federal Court DecisionsWith respect to humanitarian and compassionate grounds, the visa officer said: [...] I do not find the existence of humanitarian and compassionate grounds in your file. [...] I do not find the existence of humanitarian and compassionate grounds in your file,
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6.
Rodriguez Zambrano v. Canada (Citizenship and Immigration) - 2008 FC 481 - 2008-04-15
Federal Court Decisions[7] On March 9, 2006, the applicants applied for permanent residence on humanitarian and compassionate grounds. [...] b. by determining the humanitarian and compassionate application; or [...] Three pages were devoted to humanitarian and compassionate factors. Four pages were devoted to risk.
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7.
Potikha v. Canada (Citizenship and Immigration) - 2008 FC 136 - 2008-02-05
Federal Court DecisionsJurisdiction of the PRRA officer over an application based on humanitarian and compassionate reasons [...] [19] In his application based on humanitarian and compassionate reasons, Mr. Potikha alleged, inter alia, in regard to Israel: [...] (DD, Supplementary Information – Humanitarian & Compassionate Cases, “3.
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8.
Zhang v. Canada (Citizenship and Immigration) - 2021 FC 1482 - 2021-12-30
Federal Court Decisions1. The Test for Humanitarian and Compassionate Relief [15] Humanitarian and compassionate relief is provided for in subsection 25(1) of the Immigration and Refugee Protection Act, SC 2001 c 27, as follows: [...] Humanitarian and compassionate considerations — request of foreign national [...] This is not the test for a humanitarian and compassionate decision. As set out by Justice McHaffie in Damian, humanitarian and compassionate exemptions are “exceptional” in the sense that they operate as exceptions to the general rule.
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9.
Aguilar Espino v. Canada (Citizenship and Immigration) - 2007 FC 74 - 2007-01-25
Federal Court DecisionsThey then made an application for permanent residence based on humanitarian and compassionate grounds. [...] The humanitarian and compassionate application was therefore refused. [...] 6.6. Humanitarian and compassionate grounds Applicants making an application under A25(1) are requesting processing in Canada due to compassionate or humanitarian considerations.
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10.
Chéry v. Canada (Citizenship and Immigration) - 2012 FC 922 - 2012-07-20
Federal Court DecisionsAn officer told him that he could reapply by raising humanitarian and compassionate considerations. [...] There was no mention of humanitarian and compassionate considerations in the officer’s CAIPS notes or the letter. [...] humanitarian and compassionate considerations because section 65 of the Act prevented it from doing so: “[t]he panel is of the opinion that, in this case, humanitarian and compassionate considerations may exist; however, . . . the panel must respect the applicable law and cannot consider the humanitarian and compassionate
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11.
Chery v. Canada (Citizenship and Immigration) - 2014 FC 382 - 2014-04-28
Federal Court Decisions[18] The officer then addressed the applicant’s humanitarian and compassionate grounds. [...] He assessed the humanitarian and compassionate considerations as follows: [...] [18] In this case, the female applicant did indeed raise humanitarian and compassionate considerations.
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12.
Amiri v. Canada (Citizenship and Immigration) - 2019 FC 205 - 2019-02-19
Federal Court DecisionsThe officer further found that Mr. Amiri was ineligible for consideration for relief on humanitarian and compassionate grounds. [...] Did the officer err in refusing to consider Mr. Amiri’s request for humanitarian and compassionate relief? [...] They are not humanitarian and compassionate factors operating in Mr. Amiri’s favour.
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13.
Maksim v. Canada (Minister of Citizenship and Immigration) - 2000-06-08
Federal Court Decisions(2) their solicitor also addressed humanitarian and compassionate grounds focussing on their displacement from Moldova. [...] 9.07 HUMANITARIAN AND COMPASSIONATE GROUNDS 1) Officers to Examine the Existence of Humanitarian and Compassionate Circumstances [...] 2) When Humanitarian and Compassionate Grounds Exist a) Humanitarian and compassionate grounds exist when unusual, undeserved or disproportionate hardship would be caused to the person seeking consideration if he or she had to leave Canada.
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14.
Aqeel v. Canada (Citizenship and Immigration) - 2006 FC 1498 - 2006-12-19
Federal Court Decisions[5] The applicant subsequently made an in-country permanent residence claim on humanitarian and compassionate grounds. [...] [10] The applicant first challenges the PRRA officer’s assessment of his application on humanitarian and compassionate grounds. [...] [21] Subsection 25(1) refers to two types of considerations: humanitarian and compassionate, and public policy.
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15.
Wotan Tarik Morales Rizzo v. Canada (Minister of Citizenship and Immigration) - 1997-01-27
Federal Court DecisionsTo make a negative decision in an humanitarian and compassionate matter and keep it a secret from the subject of the consideration, is surely the worse maladministration of the law of Canada, than the applicant's sitting about and never evincing any interest in whatever had become of his humanitarian and compassionate [...] Should the Minister, whether by incompetence or design (of which there is no evidence here), be permitted to operate in secret and still remove unsuspecting (or even indolent) humanitarian and compassionate applicant every time the Minister's servants make an undisclosed negative humanitarian and compassionate decision? [...] If the applicant should succeed on either the current humanitarian and compassionate application, or on seeking his lawful remedy if any in the event of a negative humanitarian and compassionate consideration, the execution of his removal from Canada (whether to the U.S.A. or Nicaragua) shall be stayed absolutely.
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16.
Samsonov v. Canada (Citizenship and Immigration) - 2006 FC 1158 - 2006-09-29
Federal Court Decisionson Humanitarian and Compassionate Grounds, chapter IP 05, states at paragraph 5.26, “Immigrant Applications in Canada made on Humanitarian or Compassionate Grounds”, that immigration officers, in assessing humanitarian and compassionate considerations, must attempt to clarify possible humanitarian and compassionate [...] At paragraph 5.1 of chapter IP 05, it states that applicants bear the onus of establishing humanitarian and compassionate grounds. [...] The applicant submits that he is entitled to have all relevant evidence considered on a humanitarian and compassionate application.
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17.
Salomon Herrada v. Canada (Citizenship and Immigration) - 2006 FC 1003 - 2006-08-24
Federal Court DecisionsOn February 25, they applied for permanent residency on humanitarian and compassionate considerations under subsection 25(1) of the Act. The present application for judicial review concerns the rejection of the application for permanent residence on humanitarian and compassionate considerations. [...] [18] The immigration officer rejected the application for permanent residency based on humanitarian and compassionate considerations because he was of the opinion there were insufficient humanitarian and compassionate considerations to warrant an exemption from the requirement of obtaining a visa outside of Canada. [...] [32] In their application for permanent residency based on humanitarian and compassionate considerations, Mr. Salomon Herrada and his family raised two difficulties.
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18.
Paz v. Canada (Citizenship and Immigration) - 2009 FC 412 - 2009-04-24
Federal Court DecisionsThe officer misapplied the test for humanitarian and compassionate relief. [...] Immigration Manual IP5 - Immigration Applications in Canada made on Humanitarian or compassionate Grounds, a manual put out by the Minister of Citizenship and Immigration Canada, provides guidelines on what is meant by Humanitarian and Compassionate grounds . . . [...] [28] The applicants allege that the officer misapplied the test for humanitarian and compassionate relief.
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19.
Garasova v. Canada (Minister of Citizenship and Immigration) - 1999-11-02
Federal Court Decisions[15] On October 31, 1997, the applicant made an application within Canada for permanent residence and invoked humanitarian and compassionate grounds. [...] [33] The wording of subsection 114(2) and regulation 2.1 requires that a decision-maker exercise the power based upon "compassionate or humanitarian considerations". [...] Children's rights, and attention to their interests, are central humanitarian and compassionate values in Canadian society.
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20.
Likale v. Canada (Citizenship and Immigration) - 2015 FC 43 - 2015-01-13
Federal Court Decisions[4] His first humanitarian and compassionate application was refused on April 29, 2011. [...] [5] His second application made on humanitarian and compassionate grounds was received on October 24, 2011, and refused on October 24, 2013. [...] [27] The respondent also contends that an application for permanent residence on humanitarian and compassionate grounds is discretionary and exceptional.
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21.
Wopara v. Canada (Citizenship and Immigration) - 2021 FC 352 - 2021-04-23
Federal Court DecisionsThis is the case here with respect to the humanitarian and compassionate ground at issue. [...] [39] In assessing the various criteria recognized in the case law for determining whether humanitarian and compassionate considerations may warrant special relief under paragraph 67(1)(c) of the IRPA, the IAD must determine whether the evidence supports a finding of sufficient humanitarian and compassionate considerations. [...] In the Decision, the IAD determined that factors qualified as “negative” if they did not support a humanitarian and compassionate ground.
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22.
Canada (Citizenship and Immigration) v. Lowe - 2022 FC 853 - 2022-06-08
Federal Court Decisions[47] The appeal to the IAD was granted primarily on humanitarian and compassionate grounds. [...] But there must be humanitarian and compassionate grounds. It would be a misrepresentation of humanitarian and compassionate grounds to seek to find such considerations in a particular employment. [...] Therefore, the factor must be humanitarian and compassionate in nature.
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23.
Hurtado v. Canada (Citizenship and Immigration) - 2007 FC 552 - 2007-05-28
Federal Court DecisionsWith respect to humanitarian and compassionate grounds, the visa officer said: [...] I do not find the existence of humanitarian and compassionate grounds in your file. [...] I do not find the existence of humanitarian and compassionate grounds in your file,
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24.
Adams v. Canada (Citizenship and Immigration) - 2009 FC 1193 - 2009-11-19
Federal Court Decisions“Submissions indicate that applicant’s sister has a pending application for permanent residence in Canada under humanitarian and compassionate grounds. [...] [24] These statements are entirely factual and flow from the very terms of the Applicant’s application for consideration on humanitarian and compassionate grounds. [...] Simply being employed in Canada and acting as a responsible citizen is not sufficient, and other factors must be present justifying humanitarian and compassionate grounds.
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25.
Ouedraogo v. Canada (Public Safety and Emergency Preparedness) - 2021 FC 310 - 2021-04-09
Federal Court Decisions[10] Mr. Ouedraogo immediately appealed the Officer’s decision to the IAD on humanitarian and compassionate grounds. [...] However, it is not for the Court to change the weight given by the IAD to the various humanitarian and compassionate considerations. [...] This is not a situation where some of the usual criteria for finding humanitarian and compassionate considerations were present and others were not.