12/11/2022 0 Comments Kanthasamy exquice mr bgm![]() ![]() The Supreme Court held that the Ministerial Guidelines are designed as an interpretative aid to assist immigration officers in their decision making, did not create three distinct legal thresholds of “ unusual and underserved or disproportionate hardship,” the decision making process must be unfettered and the purpose of H&C provisions is to offer equitable relief in reasonable circumstances. JFCY’s intervention focused on the children’s rights perspective, arguing that when the principal applicant for an H&C is a child on their own, the Best Interests of the Child is the primary consideration to be taken into account. The primary issue before the Supreme Court was how these provisions should be applied and whether the considerations differ when the primary and sole applicant is a child. ![]() The Ministerial Guidelines intended to assist Immigration Officers in their decision-making states that the determination of whether there are sufficient grounds to justify granting a humanitarian and compassionate (H&C) application under s. 25(1) is done by an “assessment of hardship” and that applicants must demonstrate either “unusual and undeserved or disproportionate” hardship for relief under s. 25(1) to be granted. ![]() Under that provision, the Minister may grant relief if he is of the opinion that the exemption is “justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.” Following this refusal and before his 18 th birthday, the appellant submitted an application to the Minister for relief under s. ![]() The Immigration and Refugee Board refused his application. He arrived in Canada in 2010, when he was still a minor, he sought refugee protection under s. JFCY intervened in this case at the Supreme Court of Canada.Īt the time of the hearing, the appellant was a 21-year old Tamil from the northern region of Sri Lanka. Kanthasamy v Canada Court: Supreme Court of Canada, 2015 ![]()
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