2. Learn about other reasons that affect your right to make an H&C

There are other reasons that you might not have the right to make a humanitarian and compassionate (H&C) application  to Immigration, Refugees, and Citizenship Canada (IRCC).

If you apply for a Pre-Removal Risk Assessment

If you’re going to be removed from Canada, you might be eligible for a Pre-Removal Risk Assessment (PRRA). A PRRA is a written application where you explain why you’re afraid to return to your country and provide evidence that helps to show why you’re afraid.

If you were found ineligible to make a refugee claim and you applied for a PRRA instead, you cannot make an H&C application until you get a decision about your PRRA.

If you’re inadmissible for certain reasons

You cannot make an H&C application if you’re inadmissible to Canada for reasons such as:

• you’re a danger to Canada’s security
• you’re suspected of being involved in terrorism, organized crime, or espionage
• you’re suspected of committing human rights violations

If you’re a “designated foreign national”

A designated foreign national is someone who came to Canada in a group that the Minister of Public Safety decides is an “irregular arrival”. If you’re a designated foreign national, you cannot make an H&C application until at least 5 years from the date that the Minister makes that decision.

The Minister can decide this when the group arrives or after they arrive in Canada.