in Canada. Twenty years later Richard was charged with identity fraud and investigated and detained by the CBSA. “I said that I had been using this [identity document] for over twenty something years, and had no problem. And I said something is wrong [I do not have a legal identity]. They didn’t care. They [CBSA] just said “no, you’re not that person”. [Richard] Richard was detained for three years while the CBSA attempted to remove him. He was deemed irremovable and ordered released by court order. Since his release he has reported monthly to CBSA, but he has no status in Canada. He has since submitted an application for residency based on humanitarian and compassionate grounds, however, while he awaits this decision he is not afforded access to health care and must apply for a work permit. a. Humanitarian and Compassionate Applications Stateless persons in Canada can make an application for permanent residency on humanitarian and compassionate (H&C) grounds. These decisions are discretionary, and while statelessness is one factor for consideration (among many others, including establishment in Canada, family ties, best interests of children, admissibility issues including criminality), statelessness is not determinative of the decision.49 H&C applications are a two-step process. The first stage assesses whether there are humanitarian and compassionate reasons to allow an exemption from certain legislative requirements. The second stage involves processing the permanent residence application. Statistics available for the years 2012 – mid-2017 demonstrate high acceptance rates of permanent resident applications of stateless persons on H&C grounds. Of 398 H&C applications considered for stateless persons in 2015, 381 were approved (97%). In 2016, 289 of 329 applications with approved (92%), while from January-July 2017, 47 out of 65 applications were approved (80%). There are some issues for stateless persons who make H&C applications. First, as mentioned above, it is a discretionary process that examines applicants’ circumstances to justify an exemption from a requirement from the law. It is a discretionary decision that does not mandate a particular result for stateless persons. H&C applications involve a balancing of all of the facts and circumstances of a case, including establishment or lack thereof, and criminality. Second, applicants greatly benefit from legal representation, since it can be complicated and challenging for individuals to complete the application, obtain the supporting documentation, and make the submissions to advocate for permanent residence. However, provincial legal aid provides inconsistent coverage for lawyers’ fees for these applications. Third, the application fee of CAD 550 represents a barrier for many stateless persons who may have limited access to employment 49 Jurisprudence ((Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61; Baker v. Canada (Minister of Citizenship and Immigration), [1999] 2 S.C.R. 817) dictates that officers reviewing H&C applications must consider and weigh all relevant facts and factors of the case. 12