Section 25 of the Immigration and Refugee Protection Act allows the Minister to grant permanent residence, or an exemption from a requirement of the Act, to a foreign national on humanitarian and compassionate grounds. It is discretionary, it is exceptional, and it is decided on the particular facts of a life.
It is also widely misunderstood, and misdescribed by people who should know better. The paragraphs below set out what it is not, because that matters as much as what it is.
What it is not
- It is not a refugee claim, and it is not a substitute for one. Risk of persecution and the other grounds assessed by the Refugee Protection Division are dealt with in the refugee process, not here.
- It is not an appeal. It does not review or overturn an earlier refusal. If you are looking for a way to contest a decision, see refused applications.
- It does not stop removal. IRCC states that making an application will not prevent or delay removal from Canada, and that a person under a removal order must leave on or before the date stated. Nobody should be told otherwise.
- It is not a route anyone is entitled to. There is no checklist of factors that, once met, produces approval.
Who may and may not apply
Restrictions as published by IRCC, checked 20 September 2026
- A person with an outstanding refugee claim cannot make an application. The claim would have to be withdrawn first, which is a serious decision with consequences of its own.
- A person whose refugee claim was rejected or abandoned within the last 12 months is barred, and so is a person who withdrew a claim within that period unless the claim was withdrawn before the hearing. The bar does not apply where a child under 18 would be directly and adversely affected by removal, or where the applicant or a dependant faces a risk to life because of inadequate health care in the country of return.
- Only one application may be under consideration at a time.
- A designated foreign national cannot apply until at least five years after designation.
Sources: IRCC Guide 5291 and IRCC, humanitarian and compassionate grounds.
What a decision-maker considers
There is no fixed list, and that is deliberate. The factors that come up most often are how settled the applicant has become in Canada, their ties here including family, the best interests of any child directly affected, and what would happen to them if the application were refused.
Two points are worth being clear about. The best interests of a child are an important consideration but not a determinative one; IRCC’s own guidance describes them as one of many important factors. And the assessment is not arithmetic. A strong application is not one that ticks more boxes than someone else’s; it is one that shows, with evidence, why this particular situation warrants an exceptional exercise of discretion.
Preparing an application
Almost all of the work is evidence. Assertions about establishment, family relationships, employment, community involvement, a child’s circumstances or conditions in the country of return carry very little weight unless they are documented.
That usually means employment and tax records, tenancy or ownership records, letters from people who know the applicant and can say something specific, school and medical records for children, and objective material about the country concerned. It also means a coherent written submission that connects the evidence to the request, rather than a bundle of documents left to speak for itself.
Because only one application may be under consideration at a time, and because processing is not quick, there is rarely an opportunity to make a weak application and then improve it. It is worth preparing once and properly.
How the practice assists
The first task is an honest assessment of whether an application is open at all, given the bars above, and whether the circumstances are of the kind that this discretion is for. Where it is, the work is identifying and gathering the evidence, preparing the submissions, and dealing with what IRCC asks for afterwards.
Where the answer is that an application is unlikely to succeed, you will be told that before a fee is paid. This is an area where people are sold hope, and it is not the practice’s approach.
Common questions
Will applying let me stay while it is decided?
Not by itself. An application does not give status and does not defer removal. If you are under a removal order, that is the immediate problem and it needs separate advice.
My refugee claim was refused. Can I apply now?
Not within 12 months of the refusal, unless one of the two exceptions applies. The date of the decision is what starts that period, so it should be checked from the decision itself.
How long have I had to be in Canada?
There is no minimum period. Establishment is one factor among several, and length of time in Canada matters only as part of the whole picture.
What are my chances?
Nobody can give you a percentage, and you should be careful of anyone who does. What can be given is a candid view of the strengths and weaknesses of your particular circumstances.
Discuss your matter
Bring any decisions you have received from IRCC or the Immigration and Refugee Board, details of your time in Canada, and information about the family members affected. Say at first contact if you have a removal date.
Related pages: refugee claims · refused applications · immigration appeals · all immigration services
Last reviewed: 20 September 2026 against Immigration, Refugees and Citizenship Canada guidance and section 25 of the Immigration and Refugee Protection Act. This page is general information, not legal advice, and it does not indicate the likely outcome of any application.