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Ministerial Authority to Bar Temporary Entry on Public Policy Grounds Regulations

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryCanada
Operative dateNovember 25, 2013
CategoryLegal entry and stay
Policy toolInadmissibility / enforcement / discretionary relief
Affected groupInadmissible foreign nationals / temporary residents

Policy effect

Amends the Immigration and Refugee Protection Regulations (IRPR) to bar immigration officers from issuing temporary resident visas or restoring temporary resident status to foreign nationals subject to a declaration by the Minister under IRPA subsection 22.1(1) on public policy grounds, and establishes procedures for affected foreign nationals to make written submissions within 60 days to request revocation or shortening of the declaration. Phase scope: entire_policy

Conditions and exceptions

Validated condition or limit: Amends the Immigration and Refugee Protection Regulations (IRPR) to bar immigration officers from issuing temporary resident visas or restoring temporary resident status to foreign nationals subject to a declaration by the Minister under IRPA subsection 22.1(1) on public policy grounds, and establishes procedures for affected foreign nationals to make written submissions within 60 days to request revocation or shortening of the declaration.

Official source excerpt

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

THE IMMIGRATION AND REFUGEE PROTECTION REGULATIONS AMENDMENTS 1. Section 179 of the Immigration and Refugee Protection Regulations (see footnote 1) is amended by striking out “and” at the end of paragraph (e), by adding “and” at the end of paragraph (f) and by adding the following after paragraph (f): (g) is not the subject of a declaration made under subsection 22.1(1) of the Act. 2. Section 182 of the Regulations is replaced by the following: Restoration 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. DIVISION 1.1 DECLARATION UNDER SUBSECTION 22.1(1) OF THE ACT Notice 182.1 If the Minister makes a declaration under subsection 22.1(1) of the Act in respect of a foreign national … .1) of the Act to not seek to enter or remain in Canada as a temporary resident while being the subject of a declaration made under subsection 22.1(1) of the Act, an exclusion order; and 5. The Regulations are amended by adding the following before section 259: Prescribed persons 258.1 For the purposes of paragraph 148(1)(a) of the Act, a person who is the subject of a declaration made under subsection 22.1(1) of the Act is a prescribed person unless they hold a valid temporary resident permit issued under section 24 of the Act. COMING INTO FORCE 6. These Regulations come into force on the day …
Canada GazetteCanada Gazette, Part II, Vol. 147, No. 25, SOR/2013-210 (November 25, 2013)Open official source
Retrieved from https://gazette.gc.ca/rp-pr/p2/2013/2013-12-04/html/sor-dors210-eng.html

Review method

Two separate automated exact-claim source reviews

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