Applicant is inadmissible
When an applicant has been granted an exemption to overcome inadmissibility, the applicant and their family members should have no other inadmissibilities at the time of the final decision. If other inadmissibilities are discovered at Stage 2, and when you do not believe that the H&C factors outweigh these inadmissibilities, the application for permanent residence should be refused unless you decide to grant an exemption on Minister’s initiative or at the request of the applicant.
In such cases do the following:
- make a final decision
- in the case of a refusal, send refusal letter
- when applicable, prepare an A44(1) report send it to the Minister’s delegate with a recommendation.
An applicant should not be refused at Stage 2 just because they are inadmissible for being out of status (A41).
In cases in which there is an outstanding PRRA application, advise the office that holds the PRRA of the H&C refusal.
- Date Modified: