Caselaw for H&C Application (Establishment)

[Asma Mohran]

Hello everyone..

My first post here and looking forward to more collaboration!

I am working on an H&C application for an international student in Canada. She arrived here in 2010 (at the age of 18) and has significant establishment in the country: education, employment, advanced language skills, support to fellow international students and colleagues, volunteer work, etc.

I have researched Canlii extensively for caselaw to support her case and yet to find any meaningful resource. Would anyone have suggestions for caselaw, or for keywords to use in my search (other than ‘humanitarian’ ‘compassionate’ ‘establishment’ ‘student’ ‘international’)?

I have also attended a ton of CPD sessions including Al Parsai’s (Mastering H&C Applications) 😀 but still need some support.

Would appreciate your input.

[Al Parsai]

Hi Asma

Kanthasamy is a leading case in this matter, as it has many similarities. I also have reviewed some relevant court cases here: https://www.settler.ca/english/the-best-interests-of-a-child-bioc-in-canadian-immigration/

Finally, I normally do not make an H&C case about legal precedence. I try to focus on the merits of the case.

I hope this helps.
Al

[Asma Mohran]

Thanks Al.

She is turning 33 this year (2025), so not sure if BIOC is applicable. There are also no adverse country conditions in her case. I’m primarily focusing on her establishment in Canada as listed above.

I’ll look into the link you shared for other relevant court cases. Thanks a lot!

[Author]

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