ARCHIVED – Temporary public policy concerning failed refugee claimants subject to the 12-month bar on requests for humanitarian and compassionate consideration following the lifting of the temporary suspension of removals (TSR) on Haiti and Zimbabwe

In the interest of enabling persons affected by the TSR lifting who qualify to benefit from the six-month administrative stay of removal agreed upon by the Canada Border Services Agency (CBSA) in which they can request permanent resident status on the basis of humanitarian and compassionate (H&C) considerations, I, Minister Chris Alexander, hereby establish the following temporary public policy under section 25.2 of the Immigration and Refugee Protection Act (IRPA) for Haitian and Zimbabwean foreign nationals in Canada who are failed refugee claimants and who are subject to the 12-month bar on requests for H&C consideration.

Public Policy

Officers should consider granting of exemption from paragraph 25(1.2)(c) of the IRPA, in order to allow those individuals to apply for H&C consideration, if they meet the following criteria:

  • Is a national of Haiti or Zimbabwe;
  • Has been residing in Canada on the day of the TSR lifting;
  • Is the subject of a removal order (including conditional removal orders);
  • Has never been found to be ineligible to have a refugee claim referred to the Immigration and Refugee Board of Canada (IRB);
  • Is not inadmissible on grounds of security, human or international rights violations, serious criminality, criminality or organized criminality;
  • Has not been excluded by the IRB from refugee protection under the United Nations Convention Relating to the Status of Refugees;
  • Has not had criminal charges dropped by the Crown to effect a removal order;
  • Has not had an outstanding criminal warrant;
  • Has applied for permanent residence on H&C grounds in Canada no later than six months from the date of the TSR lifting, or, for those who have applied for refugee protection on or before the date of the TSR lifting and whose claim is pending, no later than six months from a negative decision by the IRB.

In this context, “negative decision” refers to the IRB’s first negative decision after the date of the TSR lifting. The six-month time frame begins at that point irrespective of any avenues of recourse, including appeal at the Immigration Appeal Division of the IRB or judicial review by the Federal Court.

Signed by Chris Alexander, P.C., M.P.
Minister of Citizenship and Immigration Canada
Dated at Ottawa, this 26th day of November, 2014

Legislative Authority for Public Policy

Immigration and Refugee Protection Act
Part 1 - Immigration to Canada
Division 3 - Entering and Remaining in Canada
Status and Authorization to Enter

Public policy considerations

25.2 (1) The Minister may, in examining the circumstances concerning a foreign national who is inadmissible or who does not meet the requirements of this Act, grant that person permanent resident status or an exemption from any applicable criteria or obligations of this Act if the foreign national complies with any conditions imposed by the Minister and the Minister is of the opinion that it is justified by public policy considerations.

Provincial criteria

(3) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

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