Marginal note:Non-application — former habitual residence
159.2 .Paragraph 101(1)(e) of the Act does not apply to a claimant who is a stateless person who comes directly or indirectly to Canada from a designated country that is their country of former habitual residence.
- SOR/2004-217, s. 2.
Marginal note:Designation — United States
159.3 The United States is designated under paragraph 102(1)(a) of the Act as a country that complies with Article 33 of the Refugee Convention and Article 3 of the Convention Against Torture, and is a designated country for the purpose of the application of paragraph 101(1)(e) of the Act.
- SOR/2004-217, s. 2.
Marginal note:Non-application — ports of entry other than land ports of entry
159.4 (1) Paragraph 101(1)(e) of the Act does not apply to a claimant who seeks to enter Canada at
(a) a location that is not a port of entry;
(b) a port of entry that is a harbour port, including a ferry landing; or
(c) subject to subsection (2), a port of entry that is an airport.
Marginal note:In transit exception
(2) Paragraph 101(1)(e) of the Act applies to a claimant who has been ordered removed from the United States and who seeks to enter Canada at a port of entry that is an airport while they are in transit through Canada from the United States in the course of the enforcement of that order.
- SOR/2004-217, s. 2.
Marginal note:Non-application — claimants at land ports of entry
159.5 Paragraph 101(1)(e) of the Act does not apply if a claimant who seeks to enter Canada at a location other than one identified in paragraphs 159.4(1)(a) to (c) establishes, in accordance with subsection 100(4) of the Act, that
(a) a family member of the claimant is in Canada and is a Canadian citizen;
(b) a family member of the claimant is in Canada and is
(i) a protected person within the meaning of subsection 95(2) of the Act,
(ii) a permanent resident under the Act, or
(iii) a person in favour of whom a removal order has been stayed in accordance with section 233;
(c) a family member of the claimant who has attained the age of 18 years is in Canada and has made a claim for refugee protection that has been referred to the Board for determination, unless
(i) the claim has been withdrawn by the family member,
(ii) the claim has been abandonned by the family member,
(iii) the claim has been rejected, or
(iv) any pending proceedings or proceedings respecting the claim have been terminated under subsection 104(2) of the Act or any decision respecting the claim has been nullified under that subsection;
(d) a family member of the claimant who has attained the age of 18 years is in Canada and is the holder of a work permit or study permit other than
(i) a work permit that was issued under paragraph 206(b) or that has become invalid as a result of the application of section 209, or
(ii) a study permit that has become invalid as a result of the application of section 222;
(e) the claimant is a person who
(i) has not attained the age of 18 years and is not accompanied by their mother, father or legal guardian,
(ii) has neither a spouse nor a common-law partner, and
(iii) has neither a mother or father nor a legal guardian in Canada or the United States;
(f) the claimant is the holder of any of the following documents, excluding any document issued for the sole purpose of transit through Canada, namely,
(i) a permanent resident visa or a temporary resident visa referred to in section 6 and subsection 7(1), respectively,
(ii) a temporary resident permit issued under subsection 24(1) of the Act,
(iii) a travel document referred to in subsection 31(3) of the Act,
(iv) refugee travel papers issued by the Minister of Foreign Affairs, or
(v) a temporary travel document referred to in section 151;
(g) the claimant is a person
(i) who may, under the Act or these Regulations, enter Canada without being required to hold a visa, and
(ii) who would, if the claimant were entering the United States, be required to hold a visa; or
(h) the claimant is
(i) a foreign national who is seeking to re-enter Canada in circumstances where they have been refused entry to the United States without having a refugee claim adjudicated there, or
(ii) a permanent resident who has been ordered removed from the United States and is being returned to Canada.
- SOR/2004-217, s. 2;
- SOR/2009-290, s. 2(E).
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