Immigration and Refugee Protection Regulations

Marginal note:Non-application — claimants at land ports of entry and in transit

159.6 Paragraph 101(1)(e) of the Act does not apply if a claimant establishes, in accordance with subsection 100(4) of the Act, that the claimant

• (a) is charged in the United States with, or has been convicted there of, an offence that is punishable with the death penalty in the United States;

• (b) is charged in a country other than the United States with, or has been convicted there of, an offence that is punishable with the death penalty in that country; or

• (c) is a national of a country with respect to which the Minister has imposed a stay on removal orders under subsection 230(1) or a stateless person who is a former habitual resident of a country or place with respect to which such a stay has been imposed, and if

  • (i) the stay has not been cancelled under subsection 230(2), and

  • (ii) the claimant is not identified in subsection 230(3).