Operational Bulletin 600 – January 23, 2015

Procedures for Applications for Permanent Residence on Humanitarian and Compassionate grounds as a Result of the Lifting of the Temporary Suspension of Removals on Haiti and Zimbabwe

Background

Situations arise where a country or a place places a generalised risk to the entire population. Some common examples of such situations could be war, civil unrest or environmental disaster. In these situations, the authorities typically place a Temporary Suspension of Removals (TSRs) that aims at halting the removals to these countries or places.

Because of the Temporary Suspension of Removals (TSRs) issued, the authorities in effect, permit certain individuals to continue to stay in Canada temporarily. These individuals would typically be people who:

• Are unsuccessful in their refugee claim
• Are inadmissible or,
• Would be subject to removal under normal circumstances

The Minister of Public Safety has the authority to impose, maintain or lift a Temporary Suspension of Removal (TSR). This in accordance with the specifications laid out in Section 230 of the Immigration and Refugee Protection Regulations (IRPR). Therefore, individuals subject to a Temporary Suspension of Removal (TSR) could choose to return to their country voluntarily.

However, officers would need to note that this stay of removal would not apply to individuals who are inadmissible for:

• Criminality
• Serious criminality
• Security
• Violating human rights
• Violating international rights
• Organised crime or
• People referred to in Section F of Article 1 of the United Nations Convention Relating to the Status of Refugees

Purpose

The Minister of Citizenship and Immigration signed a temporary public policy on November 26, 2014. This policy concerned the nationals of Haiti and Zimbabwe. This was because the lifting of the Temporary Suspension of Removal (TSR) would have an effect on these individuals.

The Minister of Public Safety lifted the Temporary Suspension of Removal (TSR) on Haiti and Zimbabwe. This took place on December 01, 2014.

This Operational Bulletin (OB) provides functional guidance on the processing of applications for permanent residence on Humanitarian and Compassionate (H&C) grounds submitted by nationals of these countries.

The Administrative Deferral of Removal

The Eligibility Criteria for Temporary Public Policy – Applications for Permanent Residence Submitted Under Humanitarian and Compassionate (H&C) Grounds

The Process Applicable for Applicants Who Were Under the Haiti Special Measures (HSM)

Citizenship and Immigration Canada (CIC) Decision-maker

The authorities will examine Humanitarian and Compassionate (H&C) applications. They will do so in accordance with the existing provisions specified in the program delivery instructions on Humanitarian and Compassionate (H&C) considerations. These provisions typically include aspects like the consideration of prolonged stays in Canada contributing to:

• The establishment and integration of the applicant into Canadian society
• The best interests of the child
• Family ties
• Adverse country conditions and,
• Other elements put forth by the applicant

Zimbabwe has been subject to the Temporary Suspension of Removal (TSR) since 2002. Similarly, Haiti has been subject to the Temporary Suspension of Removal (TSR) since 2004. When countries have been subject to the Temporary Suspension of Removal (TSR) for several years, officers would need to consider that the applicant’s continued presence in Canada is because of circumstances beyond the control of the applicant.

Therefore, decision-makers would typically give positive considerations on concluding that the individual’s prolonged stay in Canada has come about because of the Temporary Suspension of Removal (TSR) placed on their country of origin. This is because the decision-makers would realise that the Temporary Suspension of Removal (TSR) is responsible for the individual’s establishment in Canada.

The Process for Applying for Humanitarian and Compassionate (H&C) Consideration (Including for Applicants in Quebec)

The Procedures for Eligible Applicants Residing in Quebec

The Process Applicable when a Humanitarian and Compassionate (H&C) Application Arrives at the Backlog Reduction Office – Vancouver (BRO-V)

The Coding Requirements

Officers would need to use the following special program codes for all eligible applicants:

• Haiti:
• In the Global Case Management System (GCMS): MHA
• In the Field Operations Support System (FOSS): 180
• Zimbabwe:
• In the Global Case Management System (GCMS): MZI
• In the Field Operations Support System (FOSS): 181

The Process for Issuing Work Permits

Officers would not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.

These individuals could apply for a work permit:

• Online or,
• Through the Case Processing Centre in Vegreville (CPC-V)

This is in accordance with the guidelines specified under Paragraph 206 (b). However, officers would need to note that this work permit would not confer any status on the applicants.

Individuals who were under the Haiti Special Measures (HSM) would be eligible for applying for a work permit from within Canada. This work permit would confer temporary status on the individuals. In addition, they would receive an exemption from the requirement of having to provide a valid Labour Market Impact Assessment (LMIA) from Service Canada. Typically, applicants need to provide a valid Labour Market Impact Assessment (LMIA) from Service Canada in support of their work permit application.

Officers have the authority to issue work permits before they receive Humanitarian and Compassionate (H&C) applications. Officers also have the authority to extend work permits if necessary. For doing this however, the applicants would need to submit their Humanitarian and Compassionate (H&C) applications within the stipulated timeframes. In addition, the applicants would need to pay the applicable processing fees as well.

The Process for Issuing Study Permits

Officers would not enforce the removal orders concerning the administrative deferral of removals for certain individuals. This is applicable especially if these individuals meet the eligibility criteria for the temporary public policy.

These individuals could apply for a study permit:

• Online or,
• Through the Case Processing Centre in Vegreville (CPC-V)

This is in accordance with the guidelines specified under Paragraph 215 (1) (d). However, officers would need to note that this study permit would not confer any status on the applicants. In addition, the applicants would need to pay the applicable processing fees as well.

The Interim Federal Health Program (IFHP)

The Process for the Counselling of Clients

Source: Citizenship and Immigration Canada (CIC)