This program enables applicants who do not meet the requirements for other programs to remain in Canada. Those that do not qualify due to ineligibility, inadmissibility but still present compelling cases for permanent residence may apply under this class. Applicants may apply from both outside and within Canada to this program. Applicants that apply within Canada are usually under removal order and are making the application as their final effort to remain in Canada. Two criteria specifically considered in the determination of H&C are Best Interest of the Child and Public Policy considerations. Each application is assessed on its own merit. The only solution for an unsuccessful application under H&C is to seek leave for judicial review.
