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

Act current to 2017-10-13 and last amended on 2017-06-22. Previous Versions

Marginal note:Temporary resident permit
  •  (1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.

  • Marginal note:Exception

    (2) A foreign national referred to in subsection (1) to whom an officer issues a temporary resident permit outside Canada does not become a temporary resident until they have been examined upon arrival in Canada.

  • Marginal note:Instructions of Minister

    (3) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.

  • Marginal note:Restriction

    (4) A foreign national whose claim for refugee protection has been rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or the Refugee Appeal Division may not request a temporary resident permit if less than 12 months have passed since their claim was last rejected or determined to be withdrawn or abandoned.

  • Marginal note:Restriction — designated foreign national

    (5) A designated foreign national may not request a temporary resident permit

    • (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 the foreign national becomes a designated foreign national.

  • Marginal note:Suspension of request

    (6) The processing of a request for a temporary resident permit 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 the foreign national becomes a designated foreign national.

  • Marginal note:Refusal to consider request

    (7) The officer may refuse to consider a request for a temporary resident permit 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 (5) or (6).

  • 2001, c. 27, s. 24;
  • 2010, c. 8, s. 3;
  • 2012, c. 17, s. 12.
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