Refused Humanitarian and Compassionate Applications
A refused humanitarian and compassionate application, after years of waiting and the significant effort that goes into preparing one, is a devastating outcome. It is not, however, necessarily the end. The MyVisa Team can assess whether a judicial review is available and fight to have the decision set aside.
Start My Free Assessment: Tell us about your refusal and we will advise on your options immediately.
The H&C Current Reality
H&C refusal rates have surged. Here is what the data shows.
Humanitarian and compassionate (H&C) applications have always been highly discretionary, officers have broad latitude to assess the evidence and reach their own conclusions about whether the circumstances warrant relief. But the discretionary nature of these decisions does not mean they are immune from legal challenge. And in the current environment, the numbers make clear that something significant has shifted.
H&C refusal rates exceeded 50% in 2024, a striking increase from previous years. At the same time, the backlog of pending H&C applications reached nearly 50,000 by the end of 2025. Processing times that were already measured in years have lengthened further as IRCC works through this backlog against shrinking approval quotas under Canada's Immigration Levels Plan.
For applicants who have waited years for a decision and received a refusal, the sense of injustice is real and understandable. The question is whether the officer's decision, however discretionary, was made correctly and legally. In a significant number of cases, the answer is no, and that is where the MyVisa Team's expertise comes in.
Shrinking approval targets make every H&C decision more consequential.
IRCC approved approximately 10,000 H&C and related humanitarian cases in 2025, with that number projected to fall to 6,900 in 2026 and 4,300 in 2027 under Canada's Immigration Levels Plan. With approval targets decreasing while backlogs grow, refusals are increasingly common even in cases with genuinely compelling circumstances. A legally flawed refusal in this environment is a serious injustice that deserves to be challenged.
Not All H&C Refusals Are Legally Sound
Discretion has limits. Officers must exercise it lawfully.
The highly discretionary nature of H&C decisions is sometimes understood to mean that the officer's conclusion cannot be challenged. This is not correct. While officers have broad discretion in how they weigh H&C factors, that discretion must be exercised within legal boundaries. A discretionary decision that is made unreasonably, that ignores or misweighs relevant evidence, that applies the wrong legal test, or that fails to meet basic procedural fairness requirements is reviewable at Federal Court, regardless of how discretionary the underlying assessment is supposed to be.
The most common legal errors in H&C refusals include the following.
Failure to properly consider the best interests of children.
The best interests of any children directly affected by an H&C decision must be considered as a primary factor, not simply acknowledged and then outweighed. Where an officer gives insufficient weight to the best interests of children, or fails to analyze those interests in a meaningful and individualized way, this is a well-established ground for judicial review.
Failure to consider all relevant evidence.
An H&C officer must consider all of the evidence submitted in support of an application. Where relevant evidence, medical records, country condition reports, expert letters, affidavits, is ignored, mischaracterized, or given no weight without adequate explanation, this is a reviewable error.
Applying the wrong standard of hardship.
H&C relief is available where refusal would produce hardship that is unusual, undeserved, or disproportionate. Where an officer applies too high a standard, requiring, for example, that hardship be exceptional or life-threatening rather than disproportionate, this is a legal error.
Unreasonable findings on establishment.
For in-Canada H&C applications, the degree to which an applicant has established themselves in Canada is a key factor. Where an officer reaches an unreasonable conclusion about establishment, ignoring evidence of employment, community ties, family connections, or other contributions, this is a reviewable error.
Failure to provide adequate reasons.
Officers must explain why they reached the conclusions they did. A refusal that does not engage meaningfully with the key evidence or that provides only generic or conclusory reasons may not survive judicial review.
Procedural fairness violations.
Where an officer relies on evidence, information, or concerns that were not disclosed to the applicant for comment, or where the process by which the decision was made was otherwise unfair, this is a ground for judicial review regardless of the merits of the underlying assessment.
If You Have Received a Procedural Fairness Letter
Received a PFL on your H&C application? This is the moment to act, before a refusal.
A procedural fairness letter issued during the processing of an H&C application is a serious signal that the officer has identified specific concerns about your application, concerns that, if not addressed effectively, will almost certainly result in a refusal. In the current environment, where refusal rates are high and approval targets are shrinking, a PFL is not a formality. It is a genuine threat to your application.
A strong, precisely targeted PFL response that directly addresses the officer's stated concerns with the right evidence and the right legal arguments can prevent a refusal that would otherwise take years to challenge through judicial review. A weak or incomplete response, or worse, no response at all, will almost certainly seal the outcome.
The MyVisa Team prepares H&C PFL responses with the depth and legal rigour these applications demand. We analyze the officer's specific concerns, identify the strongest available response strategy, gather and organize the supporting evidence, and submit a submission that is legally sound and as compelling as the circumstances allow.
Preventing a refusal through a strong PFL response is always preferable to challenging it afterward through judicial review. It is faster, less expensive, and gives your application a better chance of a positive outcome. If you have received a PFL on your H&C application, contact the MyVisa Team immediately.
Strict Deadlines
PFL deadlines are strict, typically 30 days but sometimes as little as 7 days. Do not wait to seek legal advice. Every day matters.
Start My Free Assessment: If your PFL deadline is approaching, contact us now. We treat H&C PFL matters as urgent.
Judicial Review of a Refused H&C Application
If your H&C application has been refused, a judicial review may be your strongest option.
A judicial review at Federal Court is a legal challenge to the officer's refusal decision, not a new H&C application. The Federal Court assesses whether the officer's decision was reasonable, whether the correct legal principles were applied, and whether the applicant's procedural rights were respected throughout the process.
A successful judicial review does not result in the Federal Court granting you permanent residence. It results in the officer's decision being set aside and your application being returned to IRCC for a fresh determination by a different officer, one who must apply the correct legal principles and give proper consideration to the evidence. In the current environment, where many H&C refusals reflect unreasonable assessments of genuinely compelling circumstances, this remedy is a meaningful and important one.
The MyVisa Team has successfully challenged H&C refusals at Federal Court. We know where officers make reviewable errors in H&C decisions, and we know how to build the legal arguments that give your application the strongest possible chance of being reconsidered properly.
Judicial review deadlines are strict and cannot be missed.
An application for leave to commence a judicial review of an H&C refusal must be filed within 15 days of the refusal for decisions made inside Canada, and within 60 days for decisions made outside Canada. These deadlines are absolute. If you have received a refusal, contact the MyVisa Team immediately. Do not wait.
The Judicial Review Process
Note: Every case is different and timelines vary. Your lawyer will walk you through what to expect for your specific matter.
Step 1: We file for leave within the deadline. We file the application for leave to commence judicial review at Federal Court within the required deadline, and simultaneously request the complete certified tribunal record — including the officer's notes and all materials from your H&C application.
Step 2: We review the record and identify reviewable errors. Once we receive the full record, we review the officer's decision in detail alongside your submitted evidence. H&C files are typically voluminous — the analysis is thorough and takes time. We identify every ground on which the decision can be challenged and build our legal submissions accordingly.
Step 3: We attempt to resolve by consent. Before filing our submissions with the Court, we present our legal arguments to the Department of Justice. If the government agrees the decision cannot be defended, the matter settles by consent — the refusal is set aside and your application is returned to IRCC for a fresh determination by a different officer. A meaningful portion of our H&C judicial reviews resolve at this stage.
Step 4: If no consent resolution, the matter proceeds. We file our complete submissions with the Court. The government responds. A Federal Court judge reviews the written record and decides whether to grant leave for a full judicial review or to dismiss the application.
Step 5: If leave is granted, a hearing is scheduled. We appear before the Court to present your case and respond to the judge's questions. The judge issues a written decision, typically within a few weeks. If the judicial review is granted, your H&C application is returned to IRCC for a fresh determination by a different officer.
A fresh determination is a genuine second chance.
When an H&C application is returned to IRCC following a successful judicial review or consent resolution, it is assessed by a different officer who is required to apply the correct legal principles, give genuine consideration to all of the evidence, and reach a fresh and independent conclusion. This is a meaningful opportunity, particularly where the original refusal reflected a legally flawed assessment of genuinely compelling circumstances.
Refused an H&C application or received a PFL? The time to act is now.
H&C decisions are discretionary, but discretion has limits. If your application was refused after years of waiting, or if you have received a PFL that puts your application at risk, the MyVisa Team can assess whether the decision can be challenged and fight to get it right. Start with a free assessment.
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