H&C vs a Refugee Claim: What Is the Difference?
Updated: Oct 26
The short answer: A refugee claim asks Canada for protection from persecution or other serious risk. An H&C application asks for an exception on humanitarian grounds, and for people in Canada, the law says risk factors that belong to a refugee claim must not be considered in the H&C decision. Instead, the officer looks at hardship. The two can also interact: the law lists situations in which an H&C request cannot be examined, including when a refugee claim is pending or when less than 12 months have passed since the refugee decision. Approval of either is not guaranteed.
This article is part of our humanitarian and compassionate (H&C) application guide.
What does a refugee claim ask for?
IRCC says you can ask Canada for refugee protection if it is unsafe for you to return to your home country. IRCC also says that claiming asylum "isn't a shortcut to help you immigrate to Canada or stay here longer." If Canada decides you do not need protection, you need to leave the country. The refugee claim is decided under a separate system from H&C. A claim that is found eligible is referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board.
What does an H&C application ask for?
Section 25(1) of the Immigration and Refugee Protection Act (IRPA) lets the Minister grant permanent residence, or exempt a person from usual requirements, where humanitarian and compassionate considerations justify it, taking into account the best interests of a directly affected child. IRCC calls it an "exceptional measure" and requires sufficient and compelling grounds.
How does the law keep them apart?
For requests made from inside Canada, section 25(1.3) says the officer must not consider the factors that relate to refugee protection, found in sections 96 and 97(1) of IRPA. The officer must consider elements related to the hardship that the person would face.
In plain terms, the question in an H&C file is not "Is this person at risk of persecution?" That belongs to the refugee system. The H&C question is about hardship, together with factors such as establishment in Canada, ties to Canada, the best interests of children and health.
When can an officer refuse to examine an H&C request?
Section 25(1.2) lists cases where the Minister may not examine an in-Canada request, including when:
another H&C request is pending;
a refugee claim is pending before the Refugee Protection Division or the Refugee Appeal Division;
a claim was found ineligible and a pre-removal risk assessment (PRRA) is pending;
less than 12 months has passed since the relevant refugee decision.
The last one is often called the 12-month bar.
Are there exceptions to the 12-month bar?
Yes. Section 25(1.21) says the bar does not apply if the person would face a risk to life on removal because no country of nationality can provide adequate health or medical care, or if removal would adversely affect the best interests of a directly affected child. Whether those exceptions fit a particular case is a legal question that needs review.
What is a PRRA?
IRCC describes the pre-removal risk assessment as a check on whether a person would face persecution, torture, a threat to their life, or cruel and unusual treatment or punishment in the country they would be sent to. IRCC says that in some cases a person being removed may be eligible to apply. It is a separate process from H&C. IRCC's PRRA page links to its eligibility rules.
Can I choose one or do both?
It depends on timing and the facts. A refugee claim may be made in Canada, and IRCC's manual says a claim may be made provided a removal order has not been issued. Some claims are found ineligible for referral, and the law deals with that situation in section 25(1.2). The H&C route is not meant to replace the refugee system. Do not assume you can rely on H&C after a claim is refused until you check the 12-month bar.
Because these rules affect your rights and deadlines, get advice on your own file before filing. If a decision is refused and you are considering judicial review at the Federal Court, speak to a lawyer quickly. The deadline is short (15 days if the decision was made in Canada, 60 days if made outside Canada), the application is filed by the applicant or a lawyer, and RCICs cannot represent clients at the Federal Court. See our guide to what to do after a refugee claim is refused.
What does the H&C route not do?
It does not give you status, and IRCC's guide says applying does not stop removal. A removal order may be stayed under section 233 of the Immigration and Refugee Protection Regulations if the Minister considers it justified on H&C grounds. IRCC has said this applies after a positive first-stage decision (approval in principle), not before.
IRCC says it is not for people eligible under another class, such as the protected person class.
For requests from inside Canada, it does not treat refugee-type risk as the question. Hardship is.
Next steps
If you have made, or are thinking about making, a refugee claim, timing matters. 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 after a refugee claim is refused · H&C complete guide · Best interests of the child in H&C · H&C application refused: your options · H&C guide index
Last reviewed: October 2026
Sources: IRPA s. 25 · IRPR s. 233 · IRCC: Claiming asylum · IRCC: In-Canada refugee claims, intake · IRCC: Pre-removal risk assessment · IRCC: Humanitarian and compassionate considerations
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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