What constitutes “the humanitarian or compassionate considerations present which warrant special relief”?

Canada (Federal), Canada

The following excerpt is from Chen v. Canada (Citizenship and Immigration), 2011 CanLII 47329 (CA IRB):

The leading decision which provides guidance as to what constitutes “the humanitarian or compassionate considerations present which warrant special relief” is found in the case of Chirwa v. Canada (Minister of Manpower and Immigration).[3] The Chirwa test describes humanitarian and compassionate considerations as “those facts, established by the evidence, which would excite in a reasonable man in a civilized community a desire to relieve the misfortunes of another.”

Other Questions


What is the criteria used for determining whether there is sufficient humanitarian and compassionate grounds to grant special relief? (Canada (Federal), Canada)
What is the test for waiver of the requirement that an applicant can apply for entry outside Canada based on humanitarian and compassionate considerations? (Canada (Federal), Canada)
What is the case law on humanitarian and compassionate relief for children in the Middle East? (Canada (Federal), Canada)
Can an application for Humanitarian and Compassionate considerations be denied if the applicant is financially independent? (Canada (Federal), Canada)
What is the impact of section 2.256(8) of the Criminal Code on the search warrant used to obtain a search warrant for a speech-gathering warrant? (MultiRegion, United States of America)
Is there a duty of fairness owed to a Respondent on an application for humanitarian and compassionate relief? (Canada (Federal), Canada)
Can a search warrant obtained pursuant to a state warrant be suppressed if the initial state warrant is invalid? (MultiRegion, United States of America)
What is the test for a search warrant under the Constitution requiring that probable cause be stated in the warrant affidavit? (MultiRegion, United States of America)
What is the test for determining whether a decision-maker erred in exercising his discretion in assessing humanitarian and compassionate considerations? (Canada (Federal), Canada)
When can a police officer rely on a search warrant or a warrant issued by the Office of the Attorney General for the purpose of obtaining an administrative inspection warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.