H&C Assessment of Discrimination

If you want to file an H&C application, you may claim to be a victim of “discrimination” in your home country, and that return would result in events or circumstances that would result in hardship. You may claim that discrimination is systematic and that neither the state nor the society at large offers meaningful redress.

Discrimination that does not constitute persecution is a relevant factor in the assessment of hardship in an H&C application. Nevertheless, discrimination alone would not necessarily be sufficient to warrant a positive H&C decision.

The focus should continue to be on a global assessment, including factors such as establishment in Canada, the best interests of the child, ties to Canada, etc. Officers will consider both Canadian and international information in relation to the various forms of discrimination. Officers will determine if the term and the degree of the alleged discrimination is equivalent to discrimination in Canada and to see how redress is handled in this country.

So if you want to file an H&C application, make sure you connect the dots for the officer.

Redress

If the officer concludes that the claim of discrimination is valid, then they will consider what avenues for recourse or other forms of prevention or redress exist in your country of origin. Aside from a determination of how traditional state bodies like police and courts operate, this may include an investigation of the presence and effectiveness of human rights tribunals, civil society organizations, political parties and other special interest lobby groups or rights activist bodies, as well as a determination of how freely other types of non-governmental organizations, which might have an interest in your case, operate within the country.

Again, ensure you inform the officer of every point as to why you cannot return back to your home country.  Compare that to Canada.  Give as many examples as possible. Most importantly, provide evidence for all your claims.

Relocation

For H&C consideration, you may face hardship in one part of your home country but might reasonably be expected to seek relief at some other locality within that country. In such a situation, it may be determined that undue hardship does not exist because the applicant could eliminate the hardship through relocation.  So, ensure that you address this.  That going back to your home country is simply unsafe for you.  Ensure you keep in mind the country and not just your original community.

We can Help You!

We have dealt with hundreds of immigration cases. We have helped our clients in their difficult situations and have guided them to draft a more effective application. We can help you draft your application and arrange the required documents. A well-planned and complete application will increase your likelihood of acceptance and will save you from hassle.