In their desperate bid to remain in Canada, many failed refugee claimants submit humanitarian and compassionate applications from within Canada for permanent resident status.
The road to success in these types of cases are not easily achieved, as some clients undergo a long and uncertain process, only to meet roadblocks and some are disappointed.
Let us examine the case of a very courageous and determined couple whose only wish was to remain in Canada permanently under humanitarian and compassionate grounds after living and working in Canada with numerous family ties.
For the purposes of this article, I will refer to the couple as the “Ali” family from Guyana.
A few years ago, Ali and his spouse consulted the writer with respect to his immigration status and history in Canada. He stated that he has been in Canada since 2004, arriving with his family, which included his spouse, two sons and a daughter. They all made claims for refugee protection but were refused in 2006. They filed an application for judicial review which was denied, and they were issued with Pre-Removal Risk Assessments (PRRA) which they filed together with a humanitarian and compassionate application.
Their PRRA applications were denied, and they again sought judicial review, which was allowed. They were granted a stay of their removal until the reconsideration of their H&C was made; again this was denied in 2008. Since 2009, warrants were issued against them. The warrants were executed in 2020 when their fourth H&C application was submitted.
The Ali family’s second Humanitarian application was submitted in 2014, which was again refused. They applied a third time, which was again refused in 2016. However, their youngest accompanying dependent son was approved on these grounds. At the time, Ali’s eldest son left Canada, and was sponsored by his spouse. He returned to Canada within the year of his departure. Ali’s daughter was involved with a Canadian citizen and their relationship was quickly blossoming.
In 2018, Ali and his spouse retained our firm and requested our office submit a fourth humanitarian application as they were well established; two of his children were now permanent residents, and his daughter was living in a common-law relationship with her Canadian citizen partner.
In July 2019, our office submitted a fourth humanitarian and compassionate application on behalf of Ali and his wife, as his daughter was no longer considered a dependent child and was pursuing her own application. In April 2020, Ali was diagnosed with End Stage Renal Disease, and documentation, including submissions, were made on their behalf regarding Ali’s medical inadmissibility and subsequent inadmissibility of his spouse. This application was refused in March 2021, and they sought judicial review of the negative decision. During this application, both parties, the Minister, and counsel for Mr. Ali consented and agreed that the matter should be remitted to another officer to be determined whether an exemption should be granted on several relevant grounds.
In the reconsideration application, they consulted with my daughter, Cindy, and this package was submitted in February 2022 with lengthy submissions. Documentation and legal arguments were made regarding Mr. and Mrs. Ali’s past employment and establishment; both of their son’s were married to Canadian citizens, had Canadian born children, financial supportive to the applicants, and supportive in their plight to remain in Canada. Their daughter had a pending sponsorship application and her spouse noted in his letter that they all resided in the same home was worried about the hardships that would be faced by his in-laws. Extensive documentation was provided regarding Mr. Ali’s medical condition and the hardships he would faced if he returned to Guyana, considering the travel time from Alberta, his multiple dialysis treatments throughout the day, accommodations and family ties in that country, the lack of support available and the current crime rate.
In Cindy’s 38 page submissions, she not only argued that an exemption from the permanent resident visa requirement was necessary, but also exemptions were necessary to overcome Ali’s medical inadmissibility and his spouse’s inadmissibility as a family member. She submitted and requested that the officer not filter each factor through a hardship lens, although a positive assessment for hardships should be found.
On March 15, 2022, the Ali family received a letter from a Senior Immigration Officer stating that the humanitarian and compassionate application to remain in Canada was approved and the requested exemptions granted, specifically an exemption was granted for Mr. Ali’s medical inadmissibility and an exemption was granted for his spouse as an inadmissible family member.
This case clearly shows the tremendous courage and determination to succeed by this very admirable family whose only wish was to remain in Canada where they have lived for over 18 years.
Good luck and all the best for the future and thank you for having faith in our firm.
SUKHRAM RAMKISSOON is a member of the College of Immigration and Citizenship Consultants and specialises in Immigration Matters at No. 3089 Bathurst Street, Suite 219A, Toronto, Ontario. Phone 416 789 5756.