H&C hardship Factors in the Country of Origin

While certain factors may not be considered when you file an H&C application, the officer will take into account elements related to the hardships that affects you. Some examples of what those “hardships” may include are:

• lack of critical medical/healthcare;
• discrimination which does not amount to persecution;
• adverse country conditions that have a direct negative impact on the applicant.

The inability of a country to provide medical treatment

If you allege that you will suffer hardship if returned to your country of origin because of a medical condition, the officer must be satisfied that you require the treatment and that the treatment is not available in your country of origin.

The onus is on you to provide the following:

• Documentary evidence from your doctor confirming you have been diagnosed with the condition, the appropriate treatment, and that treatment for the condition is vital to your physical or mental well-being; and
• Confirmation from the relevant health authorities in the country of origin attesting to the fact that an acceptable treatment is unavailable in your country of origin.

Persecution vs. Discrimination

While there is no definition of persecution in IRPA or its Regulations, the term has a generally accepted meaning. Persecution is a serious and persistent violation of fundamental human rights, including the right to freedom of religion.

Persecution may be carried out by state or non-state actors. Actions of non-state actors may constitute persecution if the authorities are unable or unwilling to protect the person concerned. Certain isolated incidents, such as attempted murder, are so serious that even one occurrence may constitute persecution against the individual targeted.

Example: If members of a religious minority group are prohibited by law from owning property or businesses, and as a result, they live persistently in conditions of dire poverty and homelessness, it could be considered persecution.

Many people face less serious forms of discrimination and harm that do not amount to persecution.

Isolated incidents of arbitrary arrest, violent assault for reasons of religious hatred, or exclusion from certain restaurants or painted symbols of hatred on their place of worship or gathering. Such incidents of discrimination do not amount to persecution because they occur infrequently or the harm caused is not serious. Still, many persons facing these types of discrimination will believe that they are not able to live safely in their country of origin.

In order for discrimination to amount to persecution, it is normally repetitive, persistent and has grave personal consequences such as serious bodily injury, torture, mistreatment or in the denial of fundamental human rights.

H&C applications are not easy.  There are a lot of factors to consider. How you present your situation to the officer will be crucial to the outcome of your matter.

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.