Humanitarian Applications from Within Canada and P.R.R.A.s
For people who have, due to circumstances beyond their control, stayed in Canada and beyond the time limit granted to a visitor, an application to obtain permanent residence within Canada may be made on the basis of humanitarian and compassionate grounds. However, such a person has to show that they would suffer unusual, undeserved, and disproportionate hardship, if their application was not processed within Canada. Humanitarian and compassionate applications are often assessed alongside a pre removal risk assessment (PRRA). A PRRA is an opportunity for a person to show that there are risks to life in their country of origin similar to those risks asserted in a refugee claim. However, the scope of evidence that is considered is narrower than evidence considered in a refugee claim, generally confined to evidence that has arisen after a refugee claim has been made.
In terms of eligibility, a P.R.R.A. cannot be issued for refugee claimants whose refused refugee claims were issued less than one or three years previously (depending on the country of origin).
Some persons ineligible for a refugee claim (i.e. those who never had a hearing at the Immigration Refugee Board) may still have the ability to have their circumstances assessed under a Pre Removal Risk Assessment application.
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- Are you a Foreign National in Canada and just graduated?
- Judicial Review or Appeal in the Immigration Law Context
- Canada’s Detention Review Hearings, a brief overview
- Criminally inadmissible into Canada, now what?
- Slippery Policies Behind Proposed Changes to Work Permits and Temporary Foreign Workers’ Rules
- Is Canada the best place to immigrate to? (A Response to a Quora Reader)
- Job Offers to Support an Immigration Application under Express Entry
- I’m repatriating to Canada, do I need to prove I have taken certain vaccines to get back in?
- Consular Offices/ Embassies and Canada Immigration