Immigration and Refugee Protection Regulations

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 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  • (i) the claim has been withdrawn by the family member,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 abandoned 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, 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.