Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2017-11-20 and last amended on 2017-10-18. Previous Versions

Marginal note:Humanitarian and compassionate considerations — request of foreign national
  •  (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.

  • Marginal note:Restriction — designated foreign national

    (1.01) A designated foreign national may not make a request under subsection (1)

    • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

    • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

    • (c) in any other case, until five years after the day on which they become a designated foreign national.

  • Marginal note:Suspension of request

    (1.02) The processing of a request under subsection (1) of a foreign national who, after the request is made, becomes a designated foreign national is suspended

    • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

    • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

    • (c) in any other case, until five years after the day on which they become a designated foreign national.

  • Marginal note:Refusal to consider request

    (1.03) The Minister may refuse to consider a request under subsection (1) if

    • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

    • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.01) or (1.02).

  • Marginal note:Payment of fees

    (1.1) The Minister is seized of a request referred to in subsection (1) only if the applicable fees in respect of that request have been paid.

  • Marginal note:Exceptions

    (1.2) The Minister may not examine the request if

    • (a) the foreign national has already made such a request and the request is pending;

    • (a.1) the request is for an exemption from any of the criteria or obligations of Division 0.1;

    • (b) the foreign national has made a claim for refugee protection that is pending before the Refugee Protection Division or the Refugee Appeal Division; or

    • (c) subject to subsection (1.21), less than 12 months have passed since the foreign national’s claim for refugee protection was last rejected, determined to be withdrawn after substantive evidence was heard or determined to be abandoned by the Refugee Protection Division or the Refugee Appeal Division.

  • Marginal note:Exception to paragraph (1.2)(c)

    (1.21) Paragraph (1.2)(c) does not apply in respect of a foreign national

    • (a) who, in the case of removal, would be subjected to a risk to their life, caused by the inability of each of their countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, to provide adequate health or medical care; or

    • (b) whose removal would have an adverse effect on the best interests of a child directly affected.

  • Marginal note:Non-application of certain factors

    (1.3) In examining the request of a foreign national in Canada, the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) but must consider elements related to the hardships that affect the foreign national.

  • Marginal note:Provincial criteria

    (2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.

  • 2001, c. 27, s. 25;
  • 2008, c. 28, s. 117;
  • 2010, c. 8, s. 4;
  • 2012, c. 17, s. 13;
  • 2013, c. 16, ss. 9, 36, c. 40, s. 291.
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