Kanthasamy V. Canada Case Summary

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In Jesse Root’s post on case of Kanthasamy V.Canada, she gave her explanation on how Supreme Court issues decision in Kanthasamy. I would like to further discuss how the Supreme Court changes the previous understanding of the legal test for application for humanitarian and compassionate discretion.

As Jesse Root states, 17-year-old Kanthasamy ‘s application for permanent residency on Humanitarian and Compassionate was denied.

Prior to Kanthasamy, the criterion for an H&C application was based on whether applicants would suffer “unusual and undeserved or disproportionate hardship” and the court will also take into account of the best interests of a child directly affected. The visa officer should analyze the factors such as the person’s establishment in Canada, their family ties to Canada, the best interests of any children involved, and what could happen to the applicants if their H&C applications are not …show more content…

Instead, officers are to analyze applications holistically to simply determine whether there are sufficient H&C considerations to warrant approval. When viewed in context, the officer concluded that Kanthasamy had failed to provide sufficient evidence to support his statements that he would be personally discriminated against simply reiterated the wording of his submissions. Further, the officer concluded on Kanthasamy’s best interests as a child were also reasonable. It was highly relevant that Kanthasamy was only one day away from turning 18 when he initially applied for H&C relief. Kanthasamy was a teenager on the verge of adulthood. Lastly, the officer concluded that removal to Sri Lanka would not impair Kanthasamy best interests, because he would be returning to his immediate family rather than being separated from

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