Last Updated on May 21, 2015
The Canada Border Services Agency (CBSA) would need to defer administratively the removals of affected individuals. However, they would only do so if the nationals of Haiti and Zimbabwe meet the eligibility criteria outlined subsequently in this document.
Officers of the Canada Border Services Agency (CBSA) would defer the removals of affected individuals who submit an application for permanent residence on Humanitarian and Compassionate (H&C) grounds. However, the affected individuals would need to submit these applications within six months of the lifting of the Temporary Suspension of Removal (TSR).
Eventually, the authorities will make a selection decision (stage 1) on the Humanitarian and Compassionate (H&C) application for permanent residence. Until this takes place, the deferral will continue.
Situations could arise where an applicant submits an application, but officers do not create it in the Global Case Management System (GCMS). In this scenario, the applicant would need to demonstrate proof that highlights the submission of the application. Such proof could typically comprise documents like:
- A copy of the Humanitarian and Compassionate (H&C) application and,
- Handling public monies receipts
Only upon submission of these proofs, would the applicant be entitled for receiving a deferral.
As mentioned earlier, the applicants would need to meet all of the eligibility criteria specified below. Only then would they be eligible for:
- Applying under the temporary public policy and,
- Deriving the benefit from a deferral of their removal, pending the Humanitarian and Compassionate (H&C) selection decision
The Canada Border Services Agency (CBSA) has the authority to effect the removal of applicants who do not meet the eligibility criteria.
In addition, officers would need to note that other avenues of recourse i.e. a Pre-Removal Risk Assessment (PRRA) might still be applicable in these cases.
Source: Citizenship and Immigration