Can risk factors like persecution be used in a Canadian H&C application?

H&C decision makers do not assess the risk factors that belong to a refugee protection claim or a pre-removal risk assessment. That includes persecution, danger of torture, risk to life, and risk of cruel and unusual treatment or punishment.

If your situation is fundamentally about those risks, the refugee or PRRA process is the correct avenue, not H&C. Building an H&C case around protection risks usually fails, so focus instead on establishment, children's interests and hardship that fall outside risk assessment.