Section 25 of Canada’s Immigration and Refugee Protection Act allows applicants to request that they be excused from any requirement under Canada’s immigration laws and policies on the basis that the application of those laws and policies to their particular situation would result in hardship.  This section even allows applicants who do not qualify for permanent residence in any category to apply for permanent residence solely on “humanitarian and compassionate grounds” (often referred to as an “H&C application”). 

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Examples of situations in which a request for processing on humanitarian and compassionate grounds are:

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• people with HIV or other health conditions which may render them medically inadmissible to Canada;

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• refused refugee claimants who would face hardship if they are returned to their country;

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• persons who have relatives in Canada but do not fit within the family class and are not eligible for sponsorship.

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