The immigration court has ruled that visa officers do not have the discretion to alter the eligibility criteria of the Post-Graduate Work Permit Program (PGWP) on humanitarian or compassionate grounds. On June 14, 2022, reviewing the application of an applicant failing to fulfill the requirements of the PGWP, the Federal Court of Canada decided that even with the new evidence, the applicant would still have failed to satisfy the necessary criteria. 

There is no law for the PGWP that confers discretion on an officer to alter or waive the eligibility requirements on humanitarian and compassionate grounds (HAG). Visa officials are not permitted to overlook any of the prerequisites for the approval of a PGWP.

Humanitarian and compassionate grounds apply to people with exceptional cases. The Government of Canada evaluates these applications on a case-by-case basis. Factors looked at include:

• how settled the person is in Canada
• general family ties to Canada
• the best interests of the child, and
• what could happen to you if we do not grant the request.

Other Rules

Other rules for Post-Graduate Work Permit Program eligibility standards on humanitarian and compassionate grounds are given below:

• We will not assess risk factors such as persecution, the risk to life, cruel and unusual treatment, or punishment.
• You cannot have more than one HAG application at the same time.
• You may only ask for HAG if you are applying for permanent resident status in Canada or a permanent resident visa abroad. We will not look at H&C requests from temporary resident applicants.
• You cannot apply for HAG if you have a pending refugee claim. If you want to apply, you must withdraw your refugee claim before your Immigration and Refugee Board of Canada (IRB) hearing.
• You cannot apply for HAG if you had a negative decision from the IRB within the last 12 months. This is called the “one-year bar.” (If the IRB decides your refugee claim is abandoned or withdrawn, that counts as a negative decision.) The bar does not apply if:

• you have children under 18 who would be adversely affected if you were removed from Canada, or
• you have proof that you or one of your dependents suffers from a life-threatening medical condition that cannot be treated in your home country.

Final thoughts, people who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds.

Get a free assessment for immigration to Canada. Contact our Immigration Specialists at Gunness & Associates 

Tel: (416) 604-2669

Email: info@immigrationmatters.info

Join our free newsletter click here

All rights reserved ©2022 Gunness & Associates