The officers would need to comply with any instructions issued by the Minister, when they process an application or request that is subject to Ministerial Instructions (MIs) as specified in A87.3 (4). In categories where the Ministerial Instructions (MIs) apply, humanitarian and compassionate (H&C) considerations would not be sufficient for overcoming the fact that the applicant does not meet the requirements specified in the Ministerial Instructions (MIs).
In some situations, foreign nationals might be otherwise eligible for applying in a category subject to Ministerial Instructions (MIs), but they might be inadmissible. In this scenario, they would need to apply in that category first. Thereafter, they would need to request humanitarian and compassionate (H&C) consideration for overcoming the inadmissibility.
Note:
- This provision applies to all overseas applications
- A87.3 of the Immigration and Refugee Protection Act (IRPA) states:
- Application
- This applies to:
- Applications for visas or other documents made under subsections 11 (1) and (1.01), except for those applications made by individuals referred to in subsection 99 (2)
- Sponsorship applications made under the provisions specified in subsection 13 (1)
- Applications for permanent resident status under the provisions specified in subsection 21 (1) or temporary resident status under the provisions specified in subsection 22 (1) made by foreign nationals in Canada
- Applications for work or study permits and,
- Requests made under subsection 25 (1) made by foreign nationals outside Canada
- This applies to:
- The Attainment of Immigration Goals
- Officers would need to process applications and requests in a manner that, in the opinion of the Minister, would help support the attainment of the immigration goals established by the Government of Canada
- The Instructions
- The Minister has the authority to issue instructions concerning the processing of applications and requests, including instructions that:
- Establish the categories of applications or requests to which the instructions apply
- Establish the conditions, by category or otherwise, that the applicants would need to meet before or during the processing of the application or request
- Establish an order, by category or otherwise, for the processing of applications or requests
- Set the number of applications or requests, by category or otherwise, that the officers would need to process in any year and,
- Provide for the disposition of applications and requests, including those made subsequent to the first application or request
- The Minister has the authority to issue instructions concerning the processing of applications and requests, including instructions that:
- The Application
- Instructions might, if they so provide, apply in respect of pending applications or requests that the applicants make prior to the day on which the instructions come into force
- The Clarification
- When it comes to setting the number of applications or requests that the officers would need to process before the year end, the instructions could specify that the number of applications or requests, by category or otherwise, that officers would need to process in any year be set at zero
- The Compliance with Instructions
- Some officers and individuals have the authority to exercise the powers of the Minister, in accordance with the provisions specified in section 25
- These individuals would need to comply with any instructions before or while processing applications or requests
- In case they do not process any applications or requests, they have the ability to retain, return or dispose of applications or requests in accordance with the instructions of the Minister
- The Clarification
- The fact that officers have the ability to retain, return or otherwise dispose of applications or requests does not constitute a decision of not issuing the visa or other document or grant the status or exemption, for which the applicant made the application or request
- The Publication
- The authorities publish the relevant instructions in the Canada Gazette
- The Clarification
- Nothing in this sections limits the power of the Minister in any way to determine the most efficient manner for the purposes of administering this Act
- Application
- Refer to Appendix A for more details on Ministerial Instructions (MIs)