CIMM – Minister’s Authorities Under IRPA 25.2 – February 8, 2023
Key Messages
Section 25.2 provides the authority for the Minister to establish public policies to grant a foreign national permanent resident status or an exemption from criteria or obligation of the Immigration and Refugee Protection Act (Act).
Public policies are generally created for a group of individuals in similar circumstances.
In the context of Afghanistan, the Minister has used this authority to issue public policies, for example to facilitate immigration to Canada in order to support evacuation efforts and to create special measures and programs to protect some of the most vulnerable groups in Afghanistan.
These include those who assisted the Government of Canada and their families, women leaders and human rights defenders, and other groups at risk of harm by the Taliban.
Supplementary Messages
The public policy provision in s. 25.2 of the Act provides broad authority for the Minister to grant exemptions from requirements of a class, most fees imposed under the Act, and inadmissibilities or to grant permanent residence.
Foreign nationals applying for temporary or permanent resident status may benefit from public policy.
Public policies have been implemented recently to permit eligible applicants from these groups who are in Canada to obtain permanent residence on public policy grounds when meeting the conditions established by the Minister: health care workers during the pandemic [Guardian Angels], Out-of-Status Construction Workers, Families of Victims of Air Disasters and special measures for Hong Kong nationals.
Afghanistan
To support evacuation efforts in August 2021 and Canada’s commitment to bring at least 40,000 Afghans to Canada by the end of 2023, the Minister has established special measures and programs by issuing public policies.
Special measures include the waiving of certain fees and requirements at the time of evacuation and measures still in place for certain temporary residence applications.
Special programs enabled via public policies include the Special Immigration Measures Program for Afghans (and their families) who assisted the Government of Canada, the pathway to permanent residence for extended family members of former interpreters who came to Canada under previous public policies and other public policies issued to resettle vulnerable Afghans such as women leaders and human rights defenders, and other groups at risk of harm by the Taliban.
Background
A public policy may provide exemptions from provisions of the Act, the Immigration and Refugee Protection Regulations (the Regulations) as well as Ministerial Instructions issued under s. 14.1 of the Act.
Once signed by the Minister, a delegated officer may grant the exemptions or permanent residence to foreign nationals (not permanent residents nor Canadian citizens) who meet the conditions established in the public policy.
Public policies may exempt from the payment of fees established under the Act, such as processing fees. However, the Right of Permanent Residence fee, which is a fee established under the Financial Administration Act cannot be waived via a public policy.
Public policy authorities can be used in relation to any inadmissibility, unlike Humanitarian and Compassionate authorities (sections 25 and 25.1 of the Act), which cannot be used in relation to serious inadmissibilities (section 34 security, section 35 human or international rights violations and section 37 organized criminality).
Subsection 25.2(4) of the Act provides that the conditions imposed by the Minister may include a requirement for the foreign national to obtain an undertaking or to obtain a determination of their eligibility from a third party.
Afghanistan
In the context of Afghanistan, public policies provided exemptions from the requirement for a refugee to be outside their country of persecution or the requirement for a referral from the Office of the United Nations High Commissioner for Refugees. Others provided fee, travel document and various waivers.
Special programs enabled via public policies include the Special Immigration Measures Program for Afghans (and their families) who assisted the Government of Canada, the pathway to permanent residence for extended family members of former interpreters who came to Canada under previous public policies, and other public policies issued to facilitate the resettlement of vulnerable Afghans such as women leaders and human rights defenders, and other groups at risk of harm by the Taliban.