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Railway line at Cianjur station, c. 1890 · KITLV, CC BY 4.0

Migration Jurisprudence from the South › Canada

Kanthasamy v. Canada (Citizenship and Immigration)

Supreme Court of Canada · Canada · 2015-12-10 · National court

Citation: 2015 SCC 61
Type of case: Administrative
Outcome: Decided for the migrant side

Question

How should officers decide humanitarian applications to stay, especially from young people?

What the court decided

Officers must weigh all relevant humanitarian factors and the best interests of the child, not apply a narrow “unusual hardship” test.

In plain language

A Tamil teenager who fled Sri Lanka asked to stay on humanitarian grounds and was refused. The Supreme Court said officials had looked at his case too narrowly.

Dalam bahasa sederhana

Seorang remaja Tamil yang melarikan diri dari Sri Lanka meminta tetap tinggal atas alasan kemanusiaan dan ditolak. MA menyatakan pejabat memeriksa perkaranya terlalu sempit.

Pertanyaan: Bagaimana petugas harus memutus permohonan kemanusiaan untuk tetap tinggal, terutama dari orang muda?

What happened afterwards

  • 2015-12-10: Judgment.

Sources

Open this decision in the interactive collection (compare, filter, Indonesian view, downloads).

Cite as: Institute for Migrant Rights (2026), Migration Jurisprudence from the South, version 0.1, https://theimr.org/court-decisions/d/ca-kanthasamy-2015/. This page summarizes a court decision for research and advocacy; it is not legal advice.

For researchers

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