The eligibility criteria for applicants to apply under the temporary public policy and derive benefits from the deferral of their removal stipulate that the applicant:
- Must be a national of Haiti or Zimbabwe
- Must have been residing in Canada on the day that the authorities lifted the Temporary Suspension of Removal (TSR) i.e. December 01, 2014
- Must be the subject of a removal order (including conditional removal orders) at the time the authorities lifted the Temporary Suspension of Removal (TSR) i.e. December 01, 2014
- Must have derived the benefits available under the Haiti Special Measures (HSM) at the authorities lifted the Temporary Suspension of Removal (TSR) i.e. December 01, 2014
- Must not have been found to be ineligible because of a refugee claim referred to the Immigration and Refugee Board of Canada (IRB)
- Must not be inadmissible on grounds of:
- Criminality
- Serious criminality
- Security
- Violating human rights
- Violating international rights or,
- Organised crime
- Must not have been excluded by the Immigration and Refugee Board of Canada (IRB) from refugee protection under the United Nations Convention Relating to the Status of Refugees
- Must not have had criminal charges dropped by the Crown for effecting a removal order
- Must not have an outstanding criminal warrant
- Must not have applied for permanent residence on Humanitarian and Compassionate (H&C) grounds in Canada:
- Not later than six months after the date on which the authorities lifted the Temporary Suspension of Removal (TSR) i.e. December 01, 2014 or,
- No later than six months after receiving a negative decision from the Immigration and Refugee Board of Canada (IRB) if:
- The applicant has applied for refugee protection on or before the date on which the authorities lifted the Temporary Suspension of Removal (TSR) i.e. December 01, 2014 or,
- The applicant’s claim is pending
- It is worth noting that this criteria applies even if the Immigration and Refugee Board of Canada (IRB)’s decision comes after more than six months from the date on which the authorities lifted the Temporary Suspension of Removal (TSR) i.e. December 01, 2014
- In this context, if the Immigration and Refugee Board of Canada (IRB) gives a negative decision:
- The authorities treat the decision as the Immigration and Refugee Board of Canada’s (IRB’s) first decision and,
- The decision does not include any avenues of recourse – including the option of judicial review before the Federal Court
Note:
- The authorities tend to bar individuals from applying for Humanitarian and Compassionate (H&C) considerations if they have received a negative determination at the Immigration and Refugee Board of Canada (IRB) within the previous 12 months
- However, the authorities also provide an exemption to individuals affected by the lifting of the Temporary Suspension of Removal (TSR) on December 01, 2014
- Therefore, individuals affected by the lifting of the Temporary Suspension of Removal (TSR) can apply for Humanitarian and Compassionate (H&C) considerations within six months of receiving the negative determination at the Immigration and Refugee Board of Canada (IRB)
Source: Citizenship and Immigration
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