Kanthasamy vs Canada ruling have lead to a broader and more inclusive definition to be considered for humanitarian and compassionate ground. The Supreme Court of Canada pointed that immigration officers should regard “unusual and undeserved or disproportionate hardship” factors described in the Ministerial Guidelines for review of H & C applications more descriptively rather not creating three new thresholds that must be met by potential applicants. The new interpretation after the Kanthasamy case means that while making decision on humanitarian and compassionate applications, all the factors should be substantively considered rather than just evaluating them against the given rigid criteria. The assessment of potential hardship if an applicant might be against if returned to their native country should not be narrow and constricted. …show more content…
25(1) for the h & c considerations, the interests of child must be well identified and evaluated in the analysis. Furthermore, the decision will be found to be unreasonable in case of not abiding. This case particular drives the point that the children may experience greater hardship as compared to adults, so in some circumstances h & c grounds may not be applicable to adults but may be to the children
Every Child Matters 2003 consider the wellbeing of children and young people from birth to the age of 19. The law has five principles that provide a safe environment for children and young people while they are in care. The five outcomes ensure children’s and young people’s needs are met and have the support they need to be healthy: to be safe, to enjoy and achieve, make a positive contribution and achieve economic well-being. The law ensures that every child is mentally, emotionally and physically fit and obtaining the care that meets their needs. For example, in children’s residential home children will be encourage to eat a healthy balance diet. By providing a
But children are a special case they cannot always stand up for themselves. They therefore need a special set of rights which take in to consideration their vulnerability and which ensures the adults that surround them take responsibly for their welfare, protection and development.
Children Act 1989 – Protecting children’s welfare and to provide services according to the specific needs of children.
As a group, (each group member representing a person in the dilemma) we examined eight steps in the ERC. Throughout each phase, the child’s primary best interests were considered by all parties. As the director progressed through the ERC, it became clear that both the parents and Michael have legal rights that need to be addressed.
The integral part of this act is to maintain the child is at the forefront of decisions; the best option in relation to the child’s welfare will be taken into account when deciding the best course of action for the child/young person’s upbringing – creating a partnership between parents and multi-agencies.
Unit 14 AC1.3 Unit 16 AC 1.1 in the table below explain the following legislation and guidance in respect of safeguarding adult’s children and young people.
Section 47- the local authority has “a duty to investigate when there is reasonable cause to suspect that a child is suffering
This Children and Young Persons Act (2008) increases quality of care for children and young people up to the age of 18years old, ensuring every child’s voice is heard.
Allocates duties to local authorities, courts, parents and other agencies in the UK to ensure children are safeguarded and their welfare is promoted. It focuses on the idea that children are best cared for by their own families, however it also makes provisions for parents and families who do not cooperate with the professional bodies.
P1-There are many different reasons why children and young people may need to be looked after which are unforeseen, unexpected and planned situations. Common reasons could involve family related issues including: family breakdown, bereavement, loss of parent, illness or incapacity of a parent such as: hospitalisation, substance misuse or mental health needs, which means there is no one else to provide care. A Child or young person are suspected or actually being maltreated. Children and young person related: health issues, behavioural problems, disability, learning difficulties or rejection by parent as a result of a new partner or because of the child or young person’s behaviour. The child or
The Children Act focuses on the welfare of the child and stated that “the welfare of the child is the paramount consideration.” (Children Act 1989 www.devon.co.uk) In my setting the child is at the heart of everything to do with him/her. For example the setting plans outdoor activities in which they may play or do classroom related activities. The setting has to take in consideration the child’s safety through the environment, the activity planned, how the children will get there and the practitioner to child ratio.
Section 17 of the Children Act 1989 places a duty on local authorities to safeguard and promote the welfare of children in need and to promote the upbringing of children by their families, so far as this is consistent with their welfare duty to the child, by providing an appropriate range and level of services. A child in need is one who is disabled, or unlikely either to achieve a reasonable standard of health or whose health or development will suffer unless services are provided.
Will the conviction of our client in Ukraine, render him ineligible to make a refugee claim in Canada?
* To decide if the child is in need ( Section 17(1) of the Children Act 1989 states that it shall be the
3.2 Explain the dilemma between the rights and choices of children and young people and health and safety requirements