H&C consideration – Recording the Reasons for a H&C Decision

Last Updated on August 29, 2016

This section contains details on policy, procedures and guidance that Immigration, Refugees and Citizenship Canada (IRCC) staff typically use. The authorities have posted this on the Immigration, Refugees and Citizenship Canada (IRCC) website as a courtesy to stakeholders.

Officers would typically need to write Humanitarian and Compassionate (H&C) decisions. While doing this, they would need to keep in mind the following. They would need to ensure that they:

• Record all the factors, including those that are negative as well as those that the officers considered in order to make a decision
• Explain their thought processes by:
  • Making no assumptions and,
  • Filling in the gap between the facts listed and their decisions
• Avoiding the use of absolute statements such as ‘there is no evidence’ or ‘there would be no hardship’
  • In these situations, the authorities require officers to specify that there is insufficient evidence or insufficient hardship
• Using neutral terms
  • For instance, officers would need to say ‘he / she states’ as opposed to ‘he / she claims’ or ‘he / she admits’
• Avoiding the use of strong comments on the credibility of the information whenever possible
  • For instance, writing statements such as ‘I do not believe’ suggests that the officer is questioning the credibility of the information and the applicant
  • In this scenario, officers would need to demonstrate that they have investigated the issue (or interviewed the applicant) fully
  • Therefore, the authorities exhort officers to use phrases such as ‘I am not satisfied’
  • This is because such phrases are less contentious
  • In addition, they keep the onus on the applicant to satisfy the officers completely
• Comment on the evidence rather than on the inferences that they have drawn from the evidence
  • For instance, the authorities require officers to avoid commenting on whether or not a common-law couple has a close relationship
  • Instead, the officers should comment on whether the common-law couple has provided sufficient evidence to satisfy the officers about the existence of a genuine relationship
• Avoid trying to reinforce their decisions any further once they are satisfied that they have appropriately addressed an issue
• Write their notes in a simple and straightforward manner and in dispassionate language and,
• Record the manner in which they provided the applicants with an opportunity to satisfy them of the Humanitarian and Compassionate (H&C) considerations concerning their specific case

Guidelines for Recording the Interview

Interviews and Interpreters