In a recent Federal Court decision, Urmi v. Canada (Citizenship and Immigration), the Court overturned an Immigration, Refugees and Citizenship Canada (IRCC) decision that denied a family’s application for permanent residence on humanitarian and compassionate (H&C) grounds. This case highlights the importance of a comprehensive and empathetic assessment of H&C applications, particularly when considering the best interests of children.

Key Issues in the Case

The applicants, a family from Bangladesh, had sought refugee protection in Canada but were unsuccessful due to credibility issues. Subsequently, they filed an H&C application, arguing that they would face significant hardship if they were forced to return to Bangladesh.

The IRCC officer who reviewed the application focused heavily on the previous negative credibility findings and failed to adequately consider the following key points:

The Court’s Decision

The Federal Court found the IRCC officer’s decision to be unreasonable due to the following reasons:

Implications for Future H&C Applications

This decision reinforces the importance of a thorough and empathetic assessment of H&C applications. It underscores the need for decision-makers to consider all relevant factors, including the best interests of children, mental health concerns, and the specific risks and hardships faced by applicants.

If you are considering applying for permanent residence on H&C grounds, book a consultation with us!