Persons under a removal order who submit an H&C application and pay the appropriate fee are entitled to a decision on that application. There is no stay of removal unless a positive Stage 1 assessment is made (R233).
For information on removals, see ENF 10 (PDF, 554 KB).
If the Stage 1 assessment cannot be done before an applicant’s removal from Canada, it will be done after the removal. In such cases:
- The onus is on the applicant to provide submissions. You do not need to request updated submissions from applicants, including those who have been removed while their H&C application is pending.
- If the applicant made further submissions concerning their current circumstances post-removal, you must consider those submissions.
- In the absence of submissions from the applicant post-removal, you should consider the case the way it was presented pre-removal considering the usual H&C factors such as establishment in Canada, best interest of the child, etc. The fact that the applicant has been removed should not prejudice the merits of the application.
- Do not request that an applicant attend an interview in Canada. If an interview is required and it cannot be done before removal, it may be done via telephone or Skype.
- Advise the applicant of the decision.
- See also Positive Stage 1 assessment –applicant has left Canada.
- Date Modified: