What is the case law on humanitarian and compassionate grounds?
Canada (Federal), Canada
The following excerpt is from Bernard v. Canada (Minister of Citizenship and Immigration), 2001 FCT 1068 (CanLII):
In Mayburov v. Canada (Minister of Immigration and Citizenship), 2000 CanLII 15700 (FC), [2000] F.C.J. No. 953 (F.C.T.D.), Lemieux J. quoted the immigration officer at paragraph 17: [para 17] I have taken into consideration the fact that subject has a Canadian born child. Having this child in Canada while their immigration status was undetermined and they possibly faced the requirement of having to leave Canada, was a decision they took. It would also be their decision if they were to leave their child in Canada with their relatives. The parents are free to decide what would be in the best interests of their Canadian child. Having considered all the information provided by the applicants and that presented by their counsel on their behalf, I do not find that there are sufficient humanitarian and compassionate grounds to warrant an exemption of the visa requirement. I recommend that they apply from abroad.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the criteria used for determining whether there is sufficient humanitarian and compassionate grounds to grant special relief? (Canada (Federal), Canada)
On the grounds that a motion for a rehearing of a motion on the grounds of rehearing has been denied on the same grounds as the original application, in what circumstances will the appeal be heard? (MultiRegion, United States of America)
On what grounds can a judge refuse to dismiss a motion on the grounds of personal injury? (MultiRegion, United States of America)
Is there any case law that supports the argument that a primary ground of discrimination such as race, race, disability, and/or compound discrimination may have occurred as a result of multiple intersecting grounds? (Canada (Federal), Canada)
Does the statute of compassionate release apply to an inmate who has not received a compassionate release petition from his facility? (MultiRegion, United States of America)
When a ground of removal is an inchoate crime like solicitation, attempt or conspiracy, what is the current state of the law on that ground? (MultiRegion, United States of America)
Can an application for Humanitarian and Compassionate considerations be denied if the applicant is financially independent? (Canada (Federal), Canada)
How have the courts treated the notes of an immigration officer who refused a humanitarian and compassionate application? (Canada (Federal), Canada)
What is the case law on humanitarian and compassionate relief for children in the Middle East? (Canada (Federal), Canada)
What constitutes “the humanitarian or compassionate considerations present which warrant special relief”? (Canada (Federal), Canada)
