Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Marginal note:Obligation on entry

• 20 (1) Every foreign national, other than a foreign national referred to in section 19, who seeks to enter or remain in Canada must establish,

  • (a) to become a permanent resident, that they hold the visa or other document required under the regulations and have come to Canada in order to establish permanent residence; and

  • (b) to become a temporary resident, that they hold the visa or other document required under the regulations and will leave Canada by the end of the period authorized for their stay.

• Marginal note:Declaration

  (1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident.

• Marginal note:Provincial criteria

  (2) A foreign national referred to in subsection 9(1) must also establish, to become a permanent resident, that they hold a document issued by the province indicating that the competent authority of the province is of the opinion that the foreign national complies with the province’s selection criteria.

Marginal note:Designation — human smuggling or other irregular arrival

• 20.1 (1) The Minister may, by order, having regard to the public interest, designate as an irregular arrival the arrival in Canada of a group of persons if he or she

  • (a) is of the opinion that examinations of the persons in the group, particularly for the purpose of establishing identity or determining inadmissibility — and any investigations concerning persons in the group — cannot be conducted in a timely manner; or

  • (b) has reasonable grounds to suspect that, in relation to the arrival in Canada of the group, there has been, or will be, a contravention of subsection 117(1) for profit, or for the benefit of, at the direction of or in association with a criminal organization or terrorist group.

• Marginal note:Effect of designation

  (2) When a designation is made under subsection (1), a foreign national — other than a foreign national referred to in section 19 — who is part of the group whose arrival is the subject of the designation becomes a designated foreign national unless, on arrival, they hold the visa or other document required under the regulations and, on examination, the officer is satisfied that they are not inadmissible.

• Marginal note:Statutory Instruments Act

  (3) An order made under subsection (1) is not a statutory instrument for the purposes of the Statutory Instruments Act. However, it must be published in the Canada Gazette.

Marginal note:Application for permanent residence — restriction

• 20.2 (1) A designated foreign national may not apply to become a permanent resident

  • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which they become a designated foreign national.

• Marginal note:Suspension of application for permanent residence

  (2) The processing of an application for permanent residence of a foreign national who, after the application is made, becomes a designated foreign national is suspended

  • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

• Marginal note:Refusal to consider application

  (3) The officer may refuse to consider an application for permanent residence if

  • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

  • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2).

Status and Authorization to Enter

Marginal note:Permanent resident

• 21 (1) A foreign national becomes a permanent resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(a) and subsection 20(2) and is not inadmissible.

• Marginal note:Protected person

  (2) Except in the case of a person described in subsection 112(3) or a person who is a member of a prescribed class of persons, a person whose application for protection has been finally determined by the Board to be a Convention refugee or to be a person in need of protection, or a person whose application for protection has been allowed by the Minister, becomes, subject to any federal-provincial agreement referred to in subsection 9(1), a permanent resident if the officer is satisfied that they have made their application in accordance with the regulations and that they are not inadmissible on any ground referred to in section 34, 35 or 35.1, subsection 36(1) or section 37 or 38.

• Marginal note:Pending application — subsection 108(2)

  (3) A person in respect of whom the Minister has made an application under subsection 108(2) may not become a permanent resident under subsection (2) while the application is pending.

Marginal note:Temporary resident

• 22 (1) A foreign national becomes a temporary resident if an officer is satisfied that the foreign national has applied for that status, has met the obligations set out in paragraph 20(1)(b), is not inadmissible and is not the subject of a declaration made under subsection 22.1(1).

• Marginal note:Dual intent

  (2) An intention by a foreign national to become a permanent resident does not preclude them from becoming a temporary resident if the officer is satisfied that they will leave Canada by the end of the period authorized for their stay.

Marginal note:Declaration

• 22.1 (1) The Minister may, on the Minister’s own initiative, declare that a foreign national, other than a foreign national referred to in section 19, may not become a temporary resident if the Minister is of the opinion that it is justified by public policy considerations.

• Marginal note:Effective period

  (2) A declaration has effect for the period specified by the Minister, which is not to exceed 36 months.

• Marginal note:Revocation

  (3) The Minister may, at any time, revoke a declaration or shorten its effective period.

• Marginal note:Report to Parliament

  (4) The report required under section 94 must include the number of declarations made under subsection (1) and set out the public policy considerations that led to the making of the declarations.

Marginal note:Entry to complete examination or hearing

23 An officer may authorize a person to enter Canada for the purpose of further examination or an admissibility hearing under this Part.

Marginal note:Temporary resident permit

• 24 (1) A foreign national who, in the opinion of an officer, is inadmissible or does not meet the requirements of this Act becomes a temporary resident if an officer is of the opinion that it is justified in the circumstances and issues a temporary resident permit, which may be cancelled at any time.

• Marginal note:Exception

  (2) A foreign national referred to in subsection (1) to whom an officer issues a temporary resident permit outside Canada does not become a temporary resident until they have been examined upon arrival in Canada.

• Marginal note:Instructions of Minister

  (3) In applying subsection (1), the officer shall act in accordance with any instructions that the Minister may make.

• Marginal note:Restriction — pending application for protection

  (3.1) A foreign national whose claim for refugee protection has been determined to be ineligible to be referred to the Refugee Protection Division may not request a temporary resident permit if they have made an application for protection to the Minister that is pending.

• Marginal note:Restriction

  (4) A foreign national whose claim for refugee protection has not been allowed may not request a temporary resident permit if less than 12 months have passed since

  • (a) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review; or

  • (b) in any other case, the latest of

    • (i) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred,

    • (ii) the day on which their claim was rejected or determined to be withdrawn or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and

    • (iii) the day on which the Federal Court refused their application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim.

• Marginal note:Restriction — designated foreign national

  (5) A designated foreign national may not request a temporary resident permit

  • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

• Marginal note:Suspension of request

  (6) The processing of a request for a temporary resident permit of a foreign national who, after the request is made, becomes a designated foreign national is suspended

  • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which the foreign national becomes a designated foreign national.

• Marginal note:Refusal to consider request

  (7) The officer may refuse to consider a request for a temporary resident permit if

  • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

  • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (5) or (6).

Marginal note:Humanitarian and compassionate considerations — request of foreign national

• 25 (1) Subject to subsection (1.2), the Minister must, on request of a foreign national in Canada who applies for permanent resident status and who is inadmissible — other than under section 34, 35, 35.1 or 37 — or who does not meet the requirements of this Act, and may, on request of a foreign national outside Canada — other than a foreign national who is inadmissible under section 34, 35, 35.1 or 37 — who applies for a permanent resident visa, examine the circumstances concerning the foreign national and may grant the foreign national permanent resident status or an exemption from any applicable criteria or obligations of this Act if the Minister is of the opinion that it is justified by humanitarian and compassionate considerations relating to the foreign national, taking into account the best interests of a child directly affected.

• Marginal note:Restriction — designated foreign national

  (1.01) A designated foreign national may not make a request under subsection (1)

  • (a) if they have made a claim for refugee protection but have not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if they have made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which they become a designated foreign national.

• Marginal note:Suspension of request

  (1.02) The processing of a request under subsection (1) of a foreign national who, after the request is made, becomes a designated foreign national is suspended

  • (a) if the foreign national has made a claim for refugee protection but has not made an application for protection, until five years after the day on which a final determination in respect of the claim is made;

  • (b) if the foreign national has made an application for protection, until five years after the day on which a final determination in respect of the application is made; or

  • (c) in any other case, until five years after the day on which they become a designated foreign national.

• Marginal note:Refusal to consider request

  (1.03) The Minister may refuse to consider a request under subsection (1) if

  • (a) the designated foreign national fails, without reasonable excuse, to comply with any condition imposed on them under subsection 58(4) or section 58.1 or any requirement imposed on them under section 98.1; and

  • (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1.01) or (1.02).

• Marginal note:Payment of fees

  (1.1) The Minister is seized of a request referred to in subsection (1) only if the applicable fees in respect of that request have been paid.

• Marginal note:Exceptions

  (1.2) The Minister may not examine the request if

  • (a) the foreign national has already made such a request and the request is pending;

  • (a.1) the request is for an exemption from any of the criteria or obligations of Division 0.1;

  • (b) the foreign national has made a claim for refugee protection that is pending before the Refugee Protection Division or the Refugee Appeal Division;

  • (b.1) the foreign national made a claim for refugee protection that was determined to be ineligible to be referred to the Refugee Protection Division and they made an application for protection to the Minister that is pending; or

  • (c) subject to subsection (1.21), less than 12 months have passed since

    • (i) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division, in the case where no appeal was made and no application was made to the Federal Court for leave to commence an application for judicial review, or

    • (ii) in any other case, the latest of

      • (A) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Protection Division or, if there was more than one such rejection or determination, the day on which the last one occurred,

      • (B) the day on which the foreign national’s claim for refugee protection was rejected or determined to be withdrawn — after substantive evidence was heard — or abandoned by the Refugee Appeal Division or, if there was more than one such rejection or determination, the day on which the last one occurred, and

      • (C) the day on which the Federal Court refused the foreign national’s application for leave to commence an application for judicial review, or denied their application for judicial review, with respect to their claim for refugee protection.

• Marginal note:Exception to paragraph (1.2)(c)

  (1.21) Paragraph (1.2)(c) does not apply in respect of a foreign national

  • (a) who, in the case of removal, would be subjected to a risk to their life, caused by the inability of each of their countries of nationality or, if they do not have a country of nationality, their country of former habitual residence, to provide adequate health or medical care; or

  • (b) whose removal would have an adverse effect on the best interests of a child directly affected.

• Marginal note:Non-application of certain factors

  (1.3) In examining the request of a foreign national in Canada, the Minister may not consider the factors that are taken into account in the determination of whether a person is a Convention refugee under section 96 or a person in need of protection under subsection 97(1) but must consider elements related to the hardships that affect the foreign national.

• Marginal note:Provincial criteria

  (2) The Minister may not grant permanent resident status to a foreign national referred to in subsection 9(1) if the foreign national does not meet the province’s selection criteria applicable to that foreign national.