They are for people out of status in Canada but who have made Canada their home. If you are someone or know someone who in living in Canada without the proper paper work, there still are options! You may be able to qualify for and H&C and obtain Canadian permanent residence status.
The Humanitarian and Compassionate application is for those who are in Canada and would undergo excessive hardship if they were deported back to their home country in terms of social, economic or personal reasons. People who would not be normally eligible
to attain permanent residency in Canada, they can apply on humanitarian and compassionate grounds.
Refugees are people who are forced to flee their home country because of a fear of persecution
and are not able to return home. Canada’s refugee system, among other privileges, allows refugees to file for their permanent residency under humanitarian and compassionate grounds. These applications can be divided into two
categories:
You cannot apply directly to the government of Canada as a refugee; you must be referred by the United Nations Refugee Agency (UNHCR), a designated referral organization, or a private sponsorship group. And to be referred, you must fall into one of these two refugee classes:
Once you are referred by the UNHCR, a referral organization, or a private sponsorship group; you will need to apply under one of the two categories. You will also need to pass the medical exam and the security and criminal check.
Canada offers refugee protection to some people who are already in Canada and fear persecution or be in danger if they go back to their home country. If you think that it could be risky for you to go back to your home country or the country where you normally live, then you may apply or seek for protection in Canada as a refugee. Some of the risks may include torture; risk to their life or cruel and unjust treatment.
All valid and eligible refugee claims are referred to the Immigration Refugee Board of Canada (IRB). The IRB as an independent board makes all decisions on refugee and immigration matters. The refugees can be categorized as a Convention Refugee or a Person in need of Protection.
This means that if you enter Canada at a land border from the United States, you cannot make a refugee claim in Canada. In some cases this rule does not apply (for example, if you have family in Canada).