PART 8Refugee Classes (continued)
DIVISION 1Convention Refugees Abroad, Humanitarian-protected Persons Abroad and Protected Temporary Residents (continued)
Marginal note:Referral requirement
140.3 (1) If the foreign national making an application for a permanent resident visa under this Division is not being sponsored, a foreign national making an application for a permanent resident visa under this Division shall submit their application with one of the following referrals, if the referral has not yet been submitted to the immigration office by its issuer:
(a) a referral from a referral organization;
(b) a referral resulting from an arrangement between the Minister and the government of a foreign state or any institution of such a government relating to resettlement; or
(c) a referral resulting from an agreement relating to resettlement entered into by the Government of Canada and an international organization or the government of a foreign state.
(2) A foreign national may submit the application without a referral if they reside in a geographic area as determined by the Minister in accordance with subsection (3).
Marginal note:Minister’s determination
(3) The Minister may determine on the basis of the following factors that a geographic area is an area in which circumstances justify the submission of permanent resident visa applications without a referral:
(a) advice from referral organizations with which the Minister has entered into a memorandum of understanding under section 143 that they are unable to make the number of referrals specified in their memorandum of understanding for the area;
(b) the inability of referral organizations to refer persons in the area;
(c) the resettlement needs in the area, after consultation with referral organizations that have substantial knowledge of the area; and
(d) the relative importance of resettlement needs in the area, within the context of resettlement needs globally.
Marginal note:Place of application
(4) If the foreign national who is being referred under any of paragraphs (1)(a) to (c) or if the foreign national resides in a geographic area as determined by the Minister in accordance with subsection (3), the foreign national shall submit their application to the immigration office outside Canada that serves the foreign national’s place of residence.
- SOR/2012-225, s. 5
Marginal note:Return of documents
140.4 An application for a permanent resident visa made under this Division, its related sponsorship application made under Division 2 of this Part and all documents submitted in support of the applications, except the information referred to in subparagraphs 12.3(b)(i) and (ii), shall be returned to the person who sent the applications as a result of the choice made under subsection 140.2(1) if
(a) in the case of an application for a permanent resident visa, the requirements set out in paragraph 139(1)(b) are not met; or
(b) in the case of a sponsorship application, the requirements set out in paragraph 153(1)(b) and subsections 153(1.2) and (2) are not met.
- SOR/2012-225, s. 5
- SOR/2018-128, s. 6
Marginal note:Non-accompanying family member
(a) the family member was included in the applicant’s permanent resident visa application at the time that application was made, or was added to that application before the applicant’s departure for Canada;
(b) the family member submits their application to an officer outside Canada within one year from the day on which refugee protection is conferred on the applicant;
(c) the family member is not inadmissible;
(d) if the applicant is the subject of a sponsorship application referred to in paragraph 139(1)(f)(i), their sponsor has been notified of the family member’s application and an officer is satisfied that there are adequate financial arrangements for resettlement; and
(e) in the case of a family member who intends to reside in the Province of Quebec, the competent authority of that Province is of the opinion that the foreign national meets the selection criteria of the Province.
Marginal note:Non-application of paragraph 139(1)(b)
(2) For greater certainty, the requirements set out in paragraph 139(1)(b) do not apply to the application of a non-accompanying family member.
- SOR/2004-167, s. 80(F)
- SOR/2012-225, s. 6
- SOR/2014-140, s. 14
Marginal note:Requirements — family members
142 Subject to subsections 25.1(1) and (6) to (8) and for the purposes of this Division, to be considered a family member of an applicant, a person must be a family member of the applicant
(a) at the time the application referred to in paragraph 139(1)(b) is made; and
(b) at the time of the determination of the application referred to in paragraph 141(1)(b).
- SOR/2012-225, s. 7
- SOR/2014-133, s. 9
Marginal note:Memorandum of understanding
143 (1) The Minister may enter into a memorandum of understanding with an organization for the purpose of locating and identifying Convention refugees and persons in similar circumstances if the organization demonstrates
Marginal note:Content of memorandum of understanding
(2) The memorandum of understanding shall include provisions with respect to
- SOR/2004-167, s. 46(F)
- SOR/2009-163, s. 3(F)
Convention Refugees Abroad
Marginal note:Convention refugees abroad class
144 The Convention refugees abroad class is prescribed as a class of persons who may be issued a permanent resident visa on the basis of the requirements of this Division.
Marginal note:Member of Convention refugees abroad class
145 A foreign national is a Convention refugee abroad and a member of the Convention refugees abroad class if the foreign national has been determined, outside Canada, by an officer to be a Convention refugee.
Humanitarian-protected Persons Abroad
Marginal note:Person in similar circumstances to those of a Convention refugee
Marginal note:Humanitarian-protected persons abroad
(2) The country of asylum class is prescribed as a humanitarian-protected persons abroad class of persons who may be issued permanent resident visas on the basis of the requirements of this Division.
- SOR/2011-222, s. 5
Marginal note:Member of country of asylum class
147 A foreign national is a member of the country of asylum class if they have been determined by an officer to be in need of resettlement because
(a) they are outside all of their countries of nationality and habitual residence; and
(b) they have been, and continue to be, seriously and personally affected by civil war, armed conflict or massive violation of human rights in each of those countries.
148 [Repealed, SOR/2011-222, s. 6]
149 [Repealed, SOR/2011-222, s. 6]
150 [Repealed, SOR/2012-225, s. 8]
Marginal note:Travel document
151 An officer shall issue a temporary travel document to a foreign national who has been determined to be a member of a class prescribed by this Division and who
(a) holds a permanent resident visa or a temporary resident permit;
(b) does not hold a valid passport or travel document issued by their country of nationality or the country of their present or former habitual residence;
(c) does not hold a valid travel document issued by the United Nations or the International Committee of the Red Cross and is unable to obtain such a document within a reasonable time; and
(d) would be unable to travel to Canada if the temporary travel document were not issued.
- SOR/2009-163, s. 6(F)
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