Immigration and Refugee Protection Regulations

Marginal note:Application

• 24.1 (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or (c) or subsection 37(1) of the Act.

• Marginal note:Judicial review

  (2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following:

  • (a) the Federal Court refuses the application for leave,

  • (b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal,

  • (c) if a question is certified for the Federal Court of Appeal,

    • (i) an appeal to the Federal Court of Appeal is not filed within the time limit, or

    • (ii) the Federal Court of Appeal dismisses the appeal and an application to the Supreme Court of Canada for leave to appeal from that decision is not filed within the time limit,

  • (d) if an application is filed with the Supreme Court of Canada for leave to appeal,

    • (i) the application is refused,

    • (ii) the application is granted and an appeal is not filed within the time limit, or

    • (iii) the Supreme Court of Canada dismisses the appeal, and

  • (e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be.