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Refugees/Humanitarian and Compassionate (H&C) Grounds
We take an informed and research-based approach to refugee claims and H&C applications. We look beyond the National Documentation Packages and investigate the unique circumstances of your claim.
We assist individuals and families who are seeking protection from persecution, risks to their lives, and/or risks of torture or cruel and unusual treatment or punishment to apply for refugee protection in Canada. We help by preparing your Basis of Claim form and other required application forms, advising you as to what types of evidence will support your refugee claim, conducting legal research as well as case-specific research on country conditions (using reports from human rights organizations, news articles, and the National Documentation Package for your country), compiling evidence into a document disclosure We will also prepare you to testify at your refugee hearing, and we will make submissions to the Refugee Protection Division of the Immigration and Refugee Board of Canada. The refugee claim process is complex, so it is a good idea to have a lawyer assist you with your claim.
Some individuals also have their protected person status in Canada threatened by cessation or vacation, which could lead to the removal of PR status. We help represent clients in these proceedings to preseve their PR status in Canada.
We also represent individuals and families in relation to refugee appeals before the Refugee Appeal Division and judicial reviews in Federal Court.
H&C applications may be an option for foreign nationals to become permanent residents in Canada even if they are inadmissible or do not meet the eligibility requirements for permanent residence of any other class. Factors that an immigration officer may consider in deciding whether or not to grant an H&C application include evidence of establishment in Canada; any hardship that would be caused to the foreign national if they are forced to return to their home country; family and community support available to the foreign national; and the best interests of any child affected by the decision, taking into account the child’s age, education, gender, special needs, degree of establishment in Canada, and level of dependency of the child on the foreign national.
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