Best Interests of the Child in an H&C Application: How It's Weighed

When a humanitarian and compassionate (H&C) application under section 25 of the Immigration and Refugee Protection Act (IRPA) involves a child, one factor gets special attention: the best interests of the child. It's one of the most misunderstood parts of H&C practice — not because the concept is hidden, but because people often assume it works differently than it actually does.

This article explains what "best interests of the child" means in this specific context, how officers are required to treat it, and what kind of evidence genuinely helps make that part of the case.

What "Best Interests of the Child" Means Here

In an H&C application, the best interests of any child directly affected by the decision is a factor an officer must genuinely consider — not a box to check, and not a guarantee of any particular outcome. It applies to a child affected by the decision, which can include:

• A child who is the applicant
• A Canadian-born or Canadian citizen child of the applicant
• Other children whose circumstances are meaningfully affected by the decision, depending on the facts

The requirement is that the child's interests be identified, examined, and given weight that is appropriate to the evidence — not dismissed and not treated as automatically decisive either.

What It Is Not

It's worth being clear about the limits of this factor, because misunderstanding it leads to weaker applications:

• It is not a rule that having a child in Canada guarantees approval. H&C relief remains discretionary and exceptional overall.
• It is not the same test as a custody or family-law "best interests" analysis, even though the language sounds similar — this is an immigration-law consideration weighed alongside other H&C factors like establishment and hardship.
• It is not limited to the applicant's own children in every case — a child who is genuinely and directly affected by the outcome may be relevant even if they are not the applicant.

What Officers Generally Look At

Because every family's situation is different, there's no fixed checklist that guarantees a strong best-interests submission. That said, applications that meaningfully engage this factor tend to address:

• Stability and disruption — what changes for the child if the application is refused (school, home, healthcare, established routines)
• Ties in Canada — the child's relationships, community, and how long they've been established here
• Ties to the country of removal — whether the child has any connection there, and what adjusting to life there would realistically involve
• Access to services — education, medical or developmental needs, and whether comparable support exists elsewhere
• The child's own voice, where age-appropriate and properly documented, rather than assumed on their behalf

Evidence That Actually Helps

General statements ("it would be hard on my child") carry far less weight than specific, documented evidence. Consider gathering:

• [ ] School records and letters from teachers or counsellors describing the child's situation and needs
• [ ] Medical or developmental records, where relevant, ideally from a treating professional
• [ ] Evidence of the child's relationships and community ties (extracurricular involvement, extended family in Canada, length of enrollment)
• [ ] A clear, factual narrative connecting the evidence to what would realistically change for the child
• [ ] If age-appropriate, a statement reflecting the child's own perspective, obtained and presented appropriately

A Common Misstep to Avoid

A frequent weakness in H&C applications is treating the best-interests-of-the-child section as an emotional appeal rather than an evidentiary one. Officers are required to consider the factor seriously, but "seriously" means engaging with specific, documented circumstances — not sentiment alone. The strongest submissions connect concrete evidence to concrete consequences for the child, and let that speak for itself.

It's also worth remembering that this factor operates alongside — not instead of — the application's other elements. An H&C case built entirely around a child, with no attention to establishment, hardship, or the applicant's overall circumstances, is usually a weaker case than one that treats the child's interests as an important part of a fuller picture.

Frequently asked questions