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Kanthasamy Case Study

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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

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