Sunday, 28 August 2016 / Published in 2016, Operational Bulletins

The Immigration, Refugees and Citizenship Canada (IRCC) Decision Maker

Last Updated on August 28, 2016

The Immigration, Refugees and Citizenship Canada (IRCC) Decision Maker

Officers would typically assess various Humanitarian and Compassionate (H&C) applications. During these assessments, the officers would consider the following parameters:

Prolonged stays in Canada
The applicant’s contribution to establishment and integration into Canadian society
The best interests of the child
Family ties
Adverse country conditions and,
Any other elements that the applicant typically puts forth

This is in accordance with the existing provisions specified in the program delivery instructions on Humanitarian and Compassionate (H&C) considerations.

Situations could arise where some countries have been subject to a Temporary Suspension of Removal (TSR) for a number of years. For instance, Haiti has been subject to a Temporary Suspension of Removal (TSR) since 2004. Similarly, Zimbabwe has been subject to a Temporary Suspension of Removal (TSR) since 2002.

In this scenario, officers would need to consider that the applicant’s continued presence in Canada could well be because of circumstances beyond their control. As such, the decision makers would need to conclude that the individual’s prolonged stay in Canada has come about as a result of the Temporary Suspension of Removal (TSR), which has in turn, resulted in the individual’s establishment in Canada, the situation could warrant a positive consideration.

The Guidelines for Applying for Humanitarian and Compassionate (H&C) Consideration [Including Applicants in Quebec]

Officers would need to send all Humanitarian and Compassionate (H&C) application forms to the Backlog Reduction Office in Vancouver (BRO-V). In addition, they would also need to send the fee receipts as per regular procedures. Officers would need to ensure that these applications bear a postmark of no later than August 04, 2016.

Some individuals might have had a pending refugee claim on February 03, 2016. These individuals would need to submit applications for permanent residence on Humanitarian and Compassionate (H&C) grounds no later than six months from the first negative decision on their refugee claim from the Immigration and Refugee Board of Canada (IRB).

The individuals would need to mail their applications and supporting documents to the following address:

Backlog Reduction Office – Vancouver

# 600 – 605 Robson Street

Vancouver, BC V6B 5J3

In addition, the individuals would need to specify the country of origin on the envelope. Therefore, they would need label the envelope clearly with “Haiti – TSR” or “Zimbabwe – TSR”. The individuals would also need to note that they would need to pay the applicable processing fees.

Situations could arise where applicants received a negative decision on an application for permanent residence on Humanitarian and Compassionate (H&C) grounds prior to February 04, 2016. These individuals have the option of re-applying, as long as they meet the eligibility criteria. By doing so, these individuals could benefit from the administrative deferral of removal.

Applicants would also need to include all relevant and updated information in their applications. This would enable officers to assess these applications accurately.

The Procedures that Apply to Eligible Applicants Residing in Quebec

Applicants would need to submit their Citizenship and Immigration Canada (CIC) Humanitarian and Compassionate (H&C) application forms to the Backlog Reduction Office in Vancouver (BRO-V)
- They would need to meet the prescribed eligibility criteria for the temporary public policy first
- Only then would the Immigration, Refugees and Citizenship Canada (IRCC) be able to refer their applications to theministère de l’Immigration, de la Diversité et de l’Inclusion(MIDI)
- In addition, these applicants would need to submit the formDemande d’examen du parcours d’intégration au Québec en vue de l’obtention du certificat de selection to the Backlog Reduction Office in Vancouver (BRO-V) as well
The ministère de l’Immigration, de la Diversité et de l’Inclusion(MIDI) would be responsible for:
- Assessing the applicants based on their Quebec establishment factors
- Notifying the Immigration, Refugees and Citizenship Canada (IRCC) of its decision on the Avis sur le parcours d’intégration
- Informing Immigration, Refugees and Citizenship Canada (IRCC) about whether it has issued a Certificat de sélection du Québec(CSQ) or not
  - If the ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) issues a Certificat de sélection du Québec(CSQ):
    - Immigration, Refugees and Citizenship Canada (IRCC) would need to examine the application for Humanitarian and Compassionate (H&C) consideration as per the existing provisions specified in the program delivery instructions on Humanitarian and Compassionate (H&C) considerations
    - For this, Immigration, Refugees and Citizenship Canada (IRCC) would need to consider the assessment of theministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI)
  - In case the ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) does not issue a Certificat de sélection du Québec (CSQ), but the Immigration, Refugees and Citizenship Canada (IRCC) finds sufficient grounds for Humanitarian and Compassionate (H&C) considerations to grant an exemption:
    - The Immigration, Refugees and Citizenship Canada (IRCC) would need to inform the ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) of its decision
    - Situations could arise where the ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) does not reconsider their Certificat de sélection du Québec (CSQ) decision
    - In this scenario, the Immigration, Refugees and Citizenship Canada (IRCC) would need to contact the applicant and check whether the applicant is willing to reside in a province other than Quebec
The Immigration, Refugees and Citizenship Canada (IRCC) would need to assess admissibility and make a final decision on the application, once the authorities approve the application i.e. stage 1 as well