Best Interest Of a Child (BIOC)

BIOC, which stands for Best Interest of the Child, is a concept frequently considered in humanitarian cases, particularly in situations such as (1) Humanitarian and Compassionate (H&C) applications and (2) cases involving the potential loss of permanent resident status.

1. H&C Applications: In H&C applications, individuals who do not meet the regular requirements for immigration or permanent residency in Canada can seek consideration based on humanitarian and compassionate grounds. When assessing such applications, authorities take into account the best interest of any children involved. This means considering how a decision could impact the well-being, welfare, and overall development of the children affected by the immigration process.

2. Losing Permanent Resident Status: In cases where a permanent resident of Canada is at risk of losing their status, the best interest of any children involved is also taken into account. Authorities consider factors such as the length of time the child has resided in Canada, their ties to the country, their integration into Canadian society, and the potential impact of the parent’s loss of status on the child’s well-being and development.

The BIOC principle ensures that the welfare and best interests of children are given significant consideration in immigration-related decisions, with a focus on promoting their overall protection and well-being.