Decision-making on H&C applications

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Resolution number: 
6
November 2010
Whereas: 
  1. H&C applications are the only applications for permanent residence in Canada in which the best interests of the child and the right to family unity are taken into account;
  2. Canada has legal obligations under the Convention on the Rights of the Child and the International Covenant on Civil and Political Rights to provide effective remedies to ensure the respect of these rights;
  3. Delays in processing of H&C applications are leading to more and more people being removed from Canada prior to the examination of pending H&C applications;
  4. Under Bill C-11, it is the government’s intention to remove failed claimants very quickly following their refusal;
  5. Bill C-11 provides for fixed timelines for every stage of the refugee process;
Therefore be it resolved: 

That the CCR advocate for a commitment from CIC to rule on H&C applications within a fixed time frame of four months from the time of filing of the H&C application or, if a removal date is set before that, prior to the scheduled removal date.

Subject: 
Working Group: 
Inland Protection