IRCC Updates H&C Application Guidelines: Six Changes That Will Affect Your Case

Canada’s immigration department IRCC has made significant changes to the way humanitarian and compassionate (H&C) applications are processed. Officer guidelines have been updated for initial assessment, evaluation of discretionary authority, and evidentiary standards — changes that will affect both applicants and how their cases are reviewed.

Overhaul of Initial Assessment Guidelines

IRCC has merged three separate guidance pages into a single document covering the initial assessment of H&C applications. Previously, discretionary authority, applicant responsibility, and evidentiary thresholds were described in separate sets of instructions.

The updated document now establishes a balance between discretion and consistency in case review. The applicant bears responsibility for meeting the established evidentiary threshold. A separate section now addresses the procedure for redirecting cases between IRCC offices as part of admissibility screening — this matters for applicants, since it determines where and how their application will be processed.

Global Assessment of Facts as the New Standard

IRCC has introduced the concept of a global assessment of facts as the evidentiary standard. Previously, officers simply applied the established evidentiary threshold to the facts of the case. Now the guidelines require a full, comprehensive assessment of all circumstances in the application.

This means an officer must consider not isolated elements but the overall picture, taking into account how different aspects of your case interrelate.

Discretionary Authority No Longer Tied to Policy

The new guidance states that IRCC policy guidance is neither exhaustive nor restrictive and carries no legal force, unlike the Immigration Act itself and its regulations. This means officers should not bind their discretionary authority to internal policy requirements and may depart from them when necessary.

For applicants, this could be a positive change, as it broadens the possibility of a more flexible review of individual circumstances.

Discrimination Can Now Be Inferred from Group Membership

IRCC has updated its guidance on considering discrimination and hardship when assessing H&C cases. Under the new instructions, discrimination can be inferred based on an applicant’s membership in a group that faces discrimination — regardless of whether that person personally experienced discriminatory treatment.

This means that even if you have not personally suffered targeted persecution or discrimination, an officer may infer that you would face or have faced hardship based on your status or the group you belong to.

Temporary or Administrative Deferral of Removal as a Relevant Factor

The new guidelines state that any administrative deferral of removal or temporary suspension of removal is a relevant factor that an officer must fully consider when making a decision — regardless of whether the applicant raised the issue themselves.

This can have a significant impact on the outcome of an application, since the officer is required to weigh this information when assessing the circumstances.

Gender Analysis and Intersectionality for Vulnerable Groups

IRCC has introduced a requirement to apply Gender-Based Analysis Plus (GBA+) principles and to consider intersectional identity factors, particularly for vulnerable populations.

Importantly, family violence is now explicitly listed as a named factor among humanitarian and compassionate grounds, alongside the best interests of the child and other circumstances. This means officers must specifically account for such cases when assessing an application.

Restrictions on Forgoing Available Medical Services

IRCC has introduced a restriction: an applicant cannot forgo available medical services in their country of origin solely to bolster a hardship claim.

However, the cost of treatment, health condition, or insufficient availability of medication remain relevant factors — provided they are properly substantiated. In addition, any prior inadmissibility findings are now binding for H&C applications.