Establishment of Formal Regulatory Application Process for Ministerial Relief (SOR/2017-38)

Policy effect

Amends the Immigration and Refugee Protection Regulations to formalize the application process for Ministerial relief under subsection 42.1(1) of the IRPA for foreign nationals inadmissible on security, human/international rights violations, or organized crime grounds. Foreign nationals may only apply after an inadmissibility decision or removal order has been issued and judicial review avenues have been exhausted or expired, using the CBSA-prescribed form. Phase scope: Full operative implementation upon registration

Conditions and exceptions

Validated condition or limit: Foreign nationals may only apply after an inadmissibility decision or removal order has been issued and judicial review avenues have been exhausted or expired, using the CBSA-prescribed form.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Description The IRPR have been amended to include the following new regulatory requirements: (1) Establish when a foreign national may submit an application The Regulations now provide that a foreign national may apply for Ministerial relief only after inadmissibility (on the relevant IRPA grounds) has been determined, and all rights of judicial review have been exhausted or expired. Inadmissibility is established when the person has been refused an immigration application (i.e. temporary or permanent resident application), or when a removal order has been made against them. (2) Prescribe the use of a specific application form and set out the information that is required to be included in the application The Regulations now provide that an application for Ministerial relief must be made using the form provided by the CBSA.

Review method

Two separate automated exact-claim source reviews

Other Canada changes operative in 2017

• 2017-01-01Randomized Intake and Selection System for the Parents and Grandparents Program (PGP)
• 2017-04-13Repeal of Conditional Permanent Residence for Sponsored Spouses and Partners (SOR/2017-56)
• 2017-05-01Expansion of Electronic Travel Authorization (eTA) to Select Low-Risk Nationals of Brazil, Bulgaria, and Romania (SOR/2017-53)
• 2017-05-05Formal Regulatory Repeal of the Live-in Caregiver Program (LCP) and Enactment of Transitional Provisions (SOR/2017-78)
• 2017-05-05Regulatory Framework for Automated Information-Sharing with Five Country Conference Partners (SOR/2017-79)
• 2017-06-06Ministerial Instructions Amending the Ministerial Instructions Respecting the Express Entry System, 2017-1
• 2017-09-06Regulations Amending the Citizenship Regulations, No. 2
• 2017-10-24Increasing the Maximum Age of Dependent Children under the IRPR (SOR/2017-60)
• 2017-12-01Full Visa Exemption for Citizens of Bulgaria and Romania (SOR/2017-246)