How to Show Hardship in an H&C Application: Country Conditions
Updated: Oct 26
The short answer: In an in-Canada H&C application, the law says officers must consider hardship. They must not consider refugee or protection risk factors under sections 96 and 97 of the Immigration and Refugee Protection Act (IRPA). IRCC's guide lists conditions in your country of origin as a factor, but not factors related to seeking protection. To show hardship, you need specific, documented evidence about how a return would affect you and your family. Hardship is one part of the file and approval is not guaranteed.
This article is part of our humanitarian and compassionate (H&C) application guide.
What does the law say about hardship?
Section 25(1) of IRPA lets the Minister grant permanent residence, or an exemption, where humanitarian and compassionate considerations justify it. For requests made from inside Canada, section 25(1.3) adds two rules:
Factors that are relevant to a refugee or person in need of protection (sections 96 and 97(1)) must not be considered.
The hardship the foreign national would face must be considered.
IRCC calls H&C an exceptional measure. It also says the cost and inconvenience of applying from abroad are not enough on their own.
What is the difference between hardship and a protection claim?
A protection claim asks the refugee system to decide if you face persecution or other defined risks. H&C does not replace that process. IRCC's guide says factors in your country of origin may be considered when they are not related to seeking protection.
In practice, a file should explain hardship in everyday terms. If your main concern is fear of persecution, risk of torture or similar harm, that belongs in the protection system, and a lawyer or other qualified representative can explain which process fits. See our guide on H&C after a refused refugee claim.
What does IRCC ask you to show?
IRCC's Guide 5291 says your documents should address:
The hardship you expect to face.
Whether that hardship would be faced in all areas of your country of origin or country of habitual residence.
Why you have not sought help from within your country, if you have not done so.
For children, the guide also asks about conditions in the country of origin that could affect the child. See best interests of the child in H&C.
What kinds of country-condition evidence may help?
IRCC says every statement needs supporting evidence. These are examples of topics. They are not an IRCC checklist, and they will not all apply.
Access to health care. Is the treatment you need available, and could you reach and pay for it?
Education. Are there schools or supports suited to a child's needs?
Work and housing. What would work and housing realistically look like after years away?
Social supports. Who is there who could help, and who is not?
Safety or conditions in a specific region. IRCC's guide asks whether the hardship would be faced in all areas of your country, so say which areas you mean and why.
Good sources include reports from governments, international organizations and respected research groups. Use recent, dated reports and cite them. Add your own details too. A general report about a country does not explain how it affects your family. Pair it with your records, such as medical letters, school reports or employment history.
How do I connect the evidence to my own story?
Officers need a clear link between the country information and your situation. A useful structure is:
State the hardship in one plain sentence.
Explain why it would affect you or your child.
Support it with country evidence and personal documents.
Say whether it would apply in all parts of the country, and why.
If you could not get help in your country, say why.
Common mistakes
Relying on general news stories without showing how they apply to you.
Describing fear of persecution as the main ground, even though protection factors are not considered in H&C.
Using old reports without checking if conditions have changed.
Leaving out documents that translate the file. Provide the original and an English or French translation. Translators not certified in Canada need a sworn affidavit, and you and your close family cannot translate or certify your own documents.
Forgetting that hardship is only one factor. Establishment, ties to Canada and children's best interests also matter. See establishment in Canada for H&C.
What if I get a refusal?
IRCC says there is no right to appeal a refused H&C application. Options may include judicial review at the Federal Court or a new application. Judicial review has a very short deadline: under IRPA section 72, generally 15 days if the matter arose in Canada and 60 days if it arose outside Canada. It can be filed by the applicant or a lawyer, and consultants cannot represent you in Federal Court. Speak to a lawyer as soon as possible after a refusal. See H&C application refused: your options.
Next steps
If you are thinking about a return to your country and what it would mean for your family, start by listing the specific effects and the documents that show them. Every H&C situation is different. E-Pathway Immigration can help you assess whether H&C considerations may be relevant, identify the evidence and questions that need attention, and understand your options. A decision remains with IRCC.
Related guides: H&C complete guide · Best interests of the child in H&C · Establishment in Canada for H&C · H&C after a refused refugee claim · H&C guide index
Last reviewed: October 2026
Sources: IRPA s. 25 · IRCC: Humanitarian and compassionate considerations · IRCC Guide 5291 · IRPA s. 72 · Federal Court: Application for leave and judicial review (immigration) · IRCC: H&C refusal options
This article provides general information only and is not legal advice. Immigration options and outcomes depend on individual circumstances. Consult a qualified representative for advice about your situation.
About the author
Domonic Cheung is a Regulated Canadian Immigration Consultant (RCIC), licence R711344, with E-Pathway Immigration in Vancouver, BC. You can verify his licence on the College of Immigration and Citizenship Consultants (CICC) public register.
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