Humanitarian and Compassionate Application Refused for U.S. War Resister by Canada Immigration

American War Resisters and Canadian Humanitarian and Compassionate Applications

American war resister, Dean Walcott, who has been denied his application for Canadian permanent residence based on Humanitarian and Compassionate grounds told reporters that he has been ordered to leave.  Walcott, an Iraq war resister who has been living in Toronto for two years, said that Canada’s immigration officials have ordered him to leave Canada or face deportation.

Canadian Immigration Officials ruled he would not face undue risk by going back to the United States. Although he would not have had to return to Iraq, Walcott, 27, said a posting at a U.S. hospital in Germany, where he saw the casualties of the war, prompted his decision to come to Canada.”I came up here because I was getting tired of seeing little kids blown up,” he said.

This case demonstrates that discretionary element  involved in Humanitarian and Compassionate applications. Immigration officers, in assessing these cases, consider the undue “hardship” that applicants may face if required to return to their country and their “establishment” in Canada since their arrival. Applications refusals are common and it is often very difficult to satisfy an officer that you deserve to remain in Canada, especially when you are from a democratic western country like the US.  However, making a successful case is not impossible and in many instances, if your case is well documented, you will be approved–even where you do not have legal status in Canada.

For more information about Humanitarian and Compassionate Applications or any other visa or immigration applications, contact Niren and Associates Immigration Lawyers at 416 410 7484 or [email protected]

Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.


About Fadi Minawi

Fadi is a graduate of the University of Toronto and the University of Toledo College of Law. He is called to the New York State Bar and is registered as a Foreign Legal Consultant with the Law Society of Upper Canada. He is a member of the American Immigration Lawyers Association (AILA) and is currently serving as the Media Liaison for the Canadian Chapter of AILA. Fadi has extensive experience in US immigration matters and is the firm’s lead in the area of US immigration. He is specialized in corporate and family immigration, as well as issues dealing with US inadmissibility.

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