Immigration Law: Humanitarian & Compassionate Application Project

This document presents a complete Humanitarian and Compassionate (H&C) application for permanent residence under Canadian immigration law, based on a provided fact situation. The application includes a detailed submission letter addressed to the Immigration, Refugees and Citizenship Canada (IRCC), outlining the client's case, legal arguments, and grounds for consideration under Section 25 of the Immigration and Refugee Protection Act (IRPA). The case involves Victor Newman, a Venezuelan citizen with a criminal past, seeking permanent residence through his Canadian citizen wife. The submission letter emphasizes the undue hardship Victor would face if returned to Venezuela due to his political affiliations, the best interests of his child, and the fulfillment of all application requirements. The document also includes a list of required IRCC forms, such as the Generic Application Form for Canada, Schedule A, Supplementary Information, and the Use of a Representative form, along with their respective enclosures. The assignment demonstrates an understanding of relevant legislation, regulatory provisions, and current jurisprudence, providing a comprehensive example of an H&C application. The assignment demonstrates the application of relevant legislation, regulatory provisions, and current jurisprudence to advocate for the client, and showcases the required fees, forms, and supporting documents for a H&C application.

Running Head: IMMIGARRATION 1
Immigration
Name
Affiliation
Instructor
Date

Immigration 2
Humanitarian and Compassionate Application (H&C)
25th January 2019
IRCC - Humanitarian Migration Vancouver
#600 - 605 Robson Street
Vancouver, B.C.
V6B 5J3
[e-mail]
Dear Sir/Madam
Re: Application for Permanent Residence under the Humanitarian and Compassionate
As stated above, I request for consideration on my client’s application for permanent
residency here in Canada. Victor Newman, my Client, is legally married to Nicole Newman
who was a permanent resident before becoming a Canadian Citizen. Victor has been living in
Canada since 2012 as a visitor and has requested for an extension from the IRCC. The couple
has one child- Jack Abbot Newman who was born on 8th June 2009. Victor’s first attempt to
apply for citizenship through sponsorship by his wife was denied because of his criminal
past. However, he is a changed man, has a child whom he needs to be close to, and is also
involved in community work.
In light of the circumstances above, the Canadian Immigration Law allows Victor to apply for
permanent residency under section 25 of the Immigration and Refugee Protection Act. The
requirements for this are met because; he is a foreign national currently living legally in

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Canada, has a spouse/common-law partner who is a Canadian citizen, and has a child in
Canada as stated.
Hardship and Best Interest of the Child
The requirement to leave the country will lead to undue hardship because of his political
affiliation with political activists thus having different doctrines against Nicholas Maduro.
This puts him in grave danger and uncertainty if he is to return to Venezuela. He is known by
Maduro’ supporters who may cause physical harm to him or throw him in jail. The other
factor is the need to look at the best interest of the child. As a parent, he needs to be close
to his child who is just 9 years old. Leaving for Venezuela with the Child will lead to
imminent danger. On the other hand, his mother is a Canadian Citizen.
With regard to this application, all the necessary forms have been duly filled so that a better
consideration is made. It is my humble request that you consider our plea.
Sincerely,
Advent- Advocate

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Part 2
IRCC forms to be filled
1. Document Checklist [IMM 5280]
2. Generic Application Form for Canada [IMM 0008]
3. Schedule A – Background/Declaration [IMM 5669]
4. Supplementary Information [IMM 5283]
5. Use of a Representative [IMM 5476]
Enclosures List
1. Document Checklist [IMM 5280]- January 2015
A list of all documents that are needed for the application. These are indicated and
explained below.
2. Generic Application Form for Canada [IMM 0008]- November 2018
The applicant fills this form by answering all the questions. These questions range from the
program under which one is applying for- family, refugee or economic. Family members,
economic skills, and language preferences are also contained, (Ley, 2017, 173).
3. Schedule A – Background/Declaration [IMM 5669]- October 2018
the principal applicant completes this and shows his name, native language name. Date of
birth, parent’s names, and educational background among others

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4. Supplementary Information [IMM 5283]- August 2013
Also filled by the applicant and contains names, where the applicant was living and the
country of origin, the person he is living within Canada, and admissibility while living in
Canada
5. Use of a Representative [IMM 5476]
This form attests that the applicant appointed a representative or a consultant for the
application process. The representative is tasked with providing consultation services and
guidance during the whole application process, (Beine & Coulombe, 2018, 70). It then shows
that the representative has been duly appointed to represent the applicant in the
Immigration, Refugees and Citizenship Canada as well as the Canada Border Services Agency
(CBSA).
References
Ley, D. (2017). Points of Entry: How Canada's Immigration Officers Decide Who Gets In. BC
Studies, (195), 172-173.
Beine, M., & Coulombe, S. (2018). Immigration and internal mobility in Canada. Journal of
Population Economics, 31(1), 69-106.