Can an application for Humanitarian and Compassionate considerations be denied if the applicant is financially independent?
Canada (Federal), Canada
The following excerpt is from Aoutlev v. Canada (Citizenship and Immigration), 2007 FC 111 (CanLII):
Likewise, the fact that the applicant made progress in adapting to Canadian society, held employment and became financially independent cannot automatically allow the officer to conclude that there were sufficient humanitarian and compassionate considerations. As this Court ruled in Tartchinska v. Canada (Minister of Citizenship and Immigration), [2000] F.C.J. No. 373 (QL), independence in itself does not ensure that an application based on humanitarian and compassionate considerations will be allowed, in the absence of other factors showing that the refusal of an H&C application would cause unusual or disproportionate hardship.
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