Temporary Resident Permits (TRPs): Preparing a case summary, recommendation and documenting decisions
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
A case summary should include:
- information to support the finding of the inadmissibility/violation
- the compelling need to enter or remain in Canada
- information with respect to the risk to Canadians or Canadian society
- in those cases where an subsection A44 (1) of IRPA report has been prepared, the A44 (1) report citing the specific inadmissibility/violation [see also ENF 5 – Writing A44(1) Reports (PDF, 421.72KB)]
- a narrative explanation or summary of the relevant facts, circumstances and recommendation in the case and, if an A44 (1) report was prepared, by notation on the accompanying A44 (1) Highlights report form.
Case summary for an inadmissibility for serious criminality
In addition to the general requirements, the case summary should also include the following information and clearly demonstrate why the TRP was issued:
- whether the client has applied for a record suspension (if applicable)
- security decision, if applicable.
The basis of prohibition including:
- inadmissibility (prohibiting sections) [e.g. subsection A36(1)(a) of IRPA]
- name and information of offence (crimes committed)
- date of conviction
- details of sentence
- Canadian equivalency by name, statute & section
- maximum penalty in Canada
- date eligible for rehabilitation
- the subsection A44 (1) of IRPA report if it contains details of the offence, sentence and rationale for permit issuance.
Analysis of the positive factors may include:
- any public policy, national interest, or compassionate and humanitarian considerations
- brief comments on the applicant’s chances of successful settlement in Canada, (education, work skills, employment history, family support), if applicable.
Circumstances may include:
- full background information leading up to the commission of the offence
- an overview of the subject’s lifestyle at the time
- date and place of occurrence of offence
- factors leading up to the event, motives
- details of the offence
- part played by the applicant in the commission of the offence
- degree of violence (including use of weapons)
- involvement of drugs or alcohol (including any long term problems involving drugs or alcohol)
- pattern of criminal activity (e.g. criminal lifestyle, living earned from crime, friends involved in crime, several convictions, unstable employment, weak family links, frequent change of residence.
Rehabilitation considerations including:
- steps taken towards rehabilitation
- likelihood of not offending again
- accepting responsibility for the offence
- evidence of remorse for any harm done
- understanding of gravity of the offence, of the damage they have done to themselves and to others
- evidence of restitution, where possible, to victims of their crimes
- counseling or therapy if crime included or resulted from drug, alcohol or sexual abuse, psychological disturbance or a history of assaults (include evidence of attendance and/or successful completion of any program)
- stability in employment and family life, participation in educational and skill training programs and community life.
- any relevant temporary or permanent resident application
- security check, if applicable
- conviction certificate
- subject’s personal written statement fully outlining/detailing circumstances of the offence
- translated copy of foreign statute (mandatory when seeking advice on equivalence
- a criminal clearance certificate obtained from the police authorities from each country or territory where they have resided for six months or more in a row since the age of 18 (e.g., Canada: RCMP criminal clearance certificate; U.S.: FBI and state criminal clearance certificates), if requested by an officer.
- rehabilitation letters (character reference)
- court records and transcript
- probation or parole officer’s reports
- record suspensions that do not vacate convictions retroactively
- file notes
- any other documentation appropriate to facilitate the decision.
A recommendation for a TRP should include
- the grounds on which it is based including any public policy, national interest, or humanitarian and compassionate considerations
- the duration for which the permit should be issued
- any conditions that may be imposed
- whether the permit should be valid for re-entering Canada
- where warranted, brief comments on the applicant’s chances of successful settlement in Canada (education, work skills, employment history, family support, ability to pay for health care if ineligible for provincial/territorial public health insurance).
In addition to documenting decisions on file, application/client notes should be entered in GCMS for the TRP document. This will ensure proper documentation of all inadmissibilities and give officers all information needed before deciding on a subsequent permit or future application.
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