ARCHIVED – Operational Bulletin 527 – June 20, 2013

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

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C-43 – Changes to Humanitarian and Compassionate Requests

Summary

On June 19, 2013, Bill C-43, an Act to amend the Immigration and Refugee Protection Act (IRPA), also known as the Faster Removal of Foreign Criminals Act, received Royal Assent. The following changes to sections 25 and 25.1 of the Act are in effect as of Royal Assent:

Humanitarian and compassionate considerations — request of a foreign national

25. (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

Humanitarian and compassionate considerations — Minister’s own initiative

25.1 (1) The Minister may, on the Minister’s own initiative, examine the circumstances concerning a foreign national who is inadmissible — other than under section 34, 35 or 37 — or who does not meet the requirements of this Act and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

What this means

If a humanitarian and compassionate (H&C) request under subsection 25(1) is received on or after June 19, 2013, from a foreign national, inside or outside Canada, who is inadmissible under sections 34, 35 or 37, the request will no longer be examined as the foreign national is not entitled to make the request. Furthermore, the foreign national is also no longer to have their circumstances considered on the Minister’s own initiative under subsection 25.1(1).

When an application is received from an inadmissible foreign national under section 34, 35 or 37, the Backlog Reduction Office in Vancouver (BRO-V) will make the determination that the applicant is not eligible for H&C consideration and will return the application with the fees.

For applications received on/after June 19, 2013, and a section 34, 35 or 37 inadmissibility is determined after processing of the application has begun, the application will no longer be examined by Citizenship and Immigration Canada. The fees will not be refunded as processing had begun.

Outside of Canada, requests for H&C consideration are made in the context of an application for a permanent resident visa (PRV). If a request for H&C consideration in the context of PRV application is received from an individual who is inadmissible pursuant to sections 34, 35 or 37, the application and applicable fees will be returned. If the inadmissibility emerges further in the application process, the application fees are to be retained and the PRV application refused.

Coding

Currently in development.

Transitional measures

These changes take effect on June 19, 2013. Requests for H&C consideration received before June 19, 2013, from a foreign national inadmissible under sections 34, 35 or 37 are not subject to these changes and are to be processed as per previous legislation.

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