Request for Legal Opinion Regarding Humanitarian & Compassionate Grounds
I am an individual living in Turkey and approaching the age of 16. I am currently involved in an ongoing custody case and am being represented by a lawyer appointed by [company removed].
In the past, I have experienced domestic violence, psychological abuse, and neglect. Due to my young age at the time, some of the statements reflected in official records do not fully represent what I actually went through. As a result of these experiences, I have received psychiatric support, and pedagogical evaluations are planned.
My education has been negatively affected due to these psychological circumstances, and I am currently in a very fragile and vulnerable phase of my life. My current lawyer has stated that my case may be considered weak for a refugee claim at this stage, but that certain humanitarian pathways may still be worth considering.
For this reason, I would like to request a legal opinion on the following matters:
• Can a background like mine be considered under Humanitarian & Compassionate (H&C) grounds?
• To what extent do psychiatric and pedagogical reports strengthen such a case?
• Are childhood neglect and educational disruption considered significant factors under H&C?
• If a refugee claim is rejected, are there still possible humanitarian pathways available?
My goal is to identify the correct legal path and to avoid making an incorrect or harmful application.
Thank you very much for your time and consideration.
Sincerely
弁護士の回答
Ascendance International Consulting (A-I-C)
Humanitarian & Compassionate (H&C) Grounds: Yes, your background could potentially be considered under Humanitarian & Compassionate grounds, particularly if you can demonstrate that returning to your home country or remaining in your current situation would lead to undue hardship. The abuse, neglect, and psychological harm you’ve experienced may be factors that could be taken into account, especially if you can show how these have impacted your current well-being and future prospects. It’s important that this be presented clearly in your case.
Psychiatric and Pedagogical Reports: These reports can indeed strengthen your case, as they provide concrete evidence of the psychological and educational impact of the abuse and neglect you’ve experienced. Such documentation can help establish the severity of your circumstances, particularly in proving the harm caused to you and the need for protection. These evaluations could also support your claim for humanitarian relief by showing the long-term effects of your past experiences.
Childhood Neglect and Educational Disruption: Yes, both childhood neglect and educational disruption are significant factors in H&C applications. The Canadian immigration authorities consider the long-term impact of such factors on your development and current vulnerability. Your disrupted education and the psychological toll of your experiences may help substantiate your claim for protection or a more favorable outcome.
Humanitarian Pathways if Refugee Claim is Rejected: If a refugee claim is rejected, there are still humanitarian pathways available, including H&C grounds. Even if a refugee claim does not succeed, you may still be able to apply for permanent residence on humanitarian grounds, particularly if you can demonstrate exceptional circumstances such as the trauma you’ve endured, your psychological vulnerability, and the disruption to your education.
It's crucial to work closely with your lawyer to ensure that your case is well-prepared and that all supporting documents are included. Given your situation, it’s important that your legal path reflects the full scope of your experiences and the support you need. Please don’t hesitate to reach out if you have any further questions or need additional assistance.
Sincerely,
Ascendance International Consulting
無料 • 匿名 • 専門弁護士
個別の法的サポートが必要ですか?
お近くの経験豊富な弁護士に相談して、お客様の状況に応じたアドバイスを受けましょう。
依頼義務なし。100%無料サービス。
関連する法律専門家
この分野を専門とする弁護士から個別のサポートを受けましょう
すべての弁護士は、実績のある認定された有資格の専門家です