Да, всё верно. Существует решение Верхвного Суда по делу Kanthasamy (2015), но так же Суд уточнил:
The Supreme Court of Canada provided clarification on how a humanitarian and compassionate (H&C) assessment should be conducted—specifically, how to determine whether relief is warranted based on humanitarian and compassionate considerations.
The Court ruled that a segmented approach to evaluating H&C applications is inappropriate. Instead, immigration officers reviewing these applications must “substantively consider and weigh all the relevant facts and factors before them” (para. 25). In summary, the assessment requires a “global evaluation” of all relevant considerations presented by the applicant. This means that H&C factors must not be analyzed separately or individually but rather weighed collectively and cumulatively (para. 28).
Если мы читаем один и тот же источник то дети или их отсутствие НЕ ДОЛЖНЫ БЫТЬ единственным фактором, являющимся при вынесении решения.
Более того, офицеры что были опрошены, заявляли следующее:
Immigration Officer R remarked: “It’s a personal feeling, but for me, the most vulnerable people are children, women, and the elderly [...] these are the people that need the most help.” Similarly, Immigration Officer S described a vulnerable applicant as “probably somebody who does not understand the proceedings [...] what’s happening, what is the case to be met, or what needs to be presented.” This officer also identified individuals without status, particularly those at risk, such as those experiencing workplace abuse, as “particularly vulnerable.”
For Immigration Officer T, vulnerability is a broad concept that “may include” unaccompanied minors, pregnant women, or “a person who has experienced trauma or who fears authorities in their country of origin.” Immigration Officer U highlighted children as particularly vulnerable, mentioning cases like “children that are cancer patients, for example, facing removal with their parents to country X,” or “children with special needs who receive significant support here and are potentially facing removal. They might be Canadian-born but would return with parents who are foreign nationals [...]”
Immigration Officer V expanded on the concept of vulnerability, stating, “It’s basically anyone looking for a better life outside of their countries of origin, for themselves, for their children, for their future family. They’re vulnerable. They’re leaving their homes, going somewhere different, and often lack English skills. They don’t even know how to communicate with a representative who could help them apply for refugee status or any other immigration stream to legalize their stay in Canada.” However, this officer emphasized that “the most vulnerable” are “the children who come with them.”
Т.ч. да, дети - это только один из факторов.
