The test
Since the Supreme Court of Canada’s decision in Kanthasamy (2015), officers ask whether, considering all the circumstances together, they would move a reasonable person in a civilized community to relieve the misfortunes of another. Hardship that is “unusual and undeserved or disproportionate” is still relevant, but it is not a strict threshold. Officers must weigh everything together.
What officers weigh
- Establishment in Canada: years here, work history, paying taxes, property, studies, volunteering, community ties.
- Best interests of any child directly affected, whether the child is in Canada or abroad, and whether or not the child is a Canadian citizen. Officers must examine this carefully and with sensitivity.
- Hardship on return: discrimination, lack of family support, country conditions, gender-based risks, loss of access to medical care.
- Family ties in Canada and abroad.
- Health: physical and mental health, including the effect of removal on treatment.
- Family violence and other circumstances that explain gaps in status.
- Negative factors, such as immigration history or criminality, which are weighed on the other side.
Limits on H&C applications
- You generally cannot apply while a refugee claim is pending at the IRB.
- You cannot apply within 12 months of a negative RPD or RAD decision, unless removal would harm the best interests of a child, or you face a risk to life from a lack of adequate health care.
- Only one H&C application can be in process at a time.
- Risk factors that belong in a refugee claim or PRRA (sections 96 and 97) are not assessed under section 25, but the hardship arising from country conditions is.
Processing and stages
An H&C is assessed in two stages: first, whether the exemption should be granted (approval in principle); then, whether you meet the remaining requirements, such as medical and security checks. Processing can take a long time, and an application does not stop a scheduled removal. Where removal is close, we look at deferral or a Federal Court stay alongside the application.
How ATWORLD IMMIGRATION helps
- We assess whether H&C is the right route, or whether a sponsorship, PRRA or public policy fits better.
- We build a complete evidence package: employer and community letters, children’s school and medical records, psychological assessments, and country reports.
- We write focused submissions that connect each piece of evidence to the legal test.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.