Applications in Canada for refugees are based on the Immigration and Refugee Protection Act and Regulations

Published by Paragon Legal Services on 19th May, 2021

Refugee and humanitarian claims in Ontario are also governed by the Human Rights Code. All persons within or outside of Canada must also abide by this Code and this is used to make an application for permanent residence in the province as well.

In Ontario, a temporary resident can file an application based on humanitarian or compassionate grounds for permanent residency. They can do this online through the application forms or with the help of a qualified human rights professional.
An application for permanent residence within Canada on humanitarian or compassionate grounds through the Immigration, Refugees and Citizenship Canada requires that a person can be a foreign national living in Canada or someone outside of Canada who needs assistance. You can also be sponsored for this type of PR.

An applicant for permanent residency under a humanitarian or compassionate grounds must justify this claim and may not be eligible if they have a spouse who has permanent residence or are a temporary resident permit holder. To find out if you are eligible to apply under these grounds for permanent residency, you can contact Paragon Legal Services.

Persons who also have an outstanding refugee claim or became a designated foreign national within the last 5 years cannot apply under a humanitarian or compassionate grounds for permanent residence.

Humanitarian or compassionate grounds include:
• Persecution for reasons of race, religion, nationality, political opinion, membership of a particular social group
• Danger or fear of torture in your country
• Fear of a risk to your life or being in danger of being subjected to cruel and unusual treatment or punishment

If you are a temporary resident, you can apply to renew your temporary resident status and for permanent residency under the humanitarian and compassionate grounds at the same time. The only bar is that both applications must be done separately.

The requirements to file under humanitarian and compassionate grounds are:
• Foreign nationals who wish to immigrate to Canada
• Foreign nationals who are exempt from the Immigration and Refugee Protection Act
• Foreign nationals must have only one application under the compassionate grounds permanent residency pathway at a time
• Provide details to prove the grounds of your application
• Demonstrate with sufficient and compelling reasons why you should be granted permanent residency in Canada based on the grounds

To apply for permanent residency under the humanitarian and compassionate grounds in the IRCC pathway or to find out if you are eligible, contact Paragon Legal Services for more assistance and information on the application available and specific to you.