Immigration and Refugee Protection Regulations (SOR/2002-227)

Marginal note:Reasons for decision

174. On request, an applicant shall be given a copy of the file notes that record the justification for the decision on their application for protection.

Marginal note:Application period

• 175. (1) For the purposes of subsection 21(2) of the Act, an application to remain in Canada as a permanent resident must be received by the Department within 180 days after the determination by the Board, or the decision of the Minister, referred to in that subsection.

• Marginal note:Judicial review

  (2) An officer shall not be satisfied that an applicant meets the conditions of subsection 21(2) of the Act if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.

• Marginal note:Quebec

  (3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

Marginal note:Family members

• 176. (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

• Marginal note:One-year time limit

  (2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if

  • (a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and

  • (b) the family member is not inadmissible on the grounds referred to in subsection (3).

• Marginal note:Inadmissibility

  (3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Marginal note:Prescribed classes

177. For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:

• (a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the loss of refugee protection or nullification of the determination that led to conferral of refugee protection;

• (b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;

• (c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;

• (d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and

• (e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.