Does an H&C Application Stop Removal From Canada?
· Harjeet Arora, RCIC-IRB
A humanitarian and compassionate application and CBSA removal enforcement are separate processes. A person should not assume that filing an H&C application automatically prevents removal from Canada.
H&C is a permanent residence request
An H&C application asks IRCC to grant permanent residence based on humanitarian and compassionate considerations. It can involve establishment, family impact, hardship, best interests of affected children and other relevant circumstances.
Removal is enforced separately
CBSA is responsible for enforcing removal orders. If removal is scheduled while H&C is pending, the enforcement situation needs its own legal assessment.
What may need review
Depending on the facts, counsel may need to assess a deferral request, PRRA eligibility, appeal rights or Federal Court relief. None should be assumed to apply merely because an H&C application exists.
For active enforcement, see Removal Orders & Deportation. Also see whether a CBSA removal can be stopped or deferred.
When a removal date is already scheduled
Provide the removal notice, pending H&C acknowledgement, evidence concerning affected children and any recent developments for immediate review. A pending H&C application should never be presented as an automatic stay.
General information only. Filing an application should never be treated as a guaranteed stay of removal.