The Process for Determining Whether the Authorities Have Described the Applicant in the Ministerial Instructions (MIs)

Last Updated on May 26, 2015

The officers might come across applications, where the Ministerial Instructions (MIs) apply to the type of application submitted by the applicant. In this scenario, the officers would need to assess whether the Ministerial Instructions (MIs) also describe the applicants or not.

Therefore, the officers would need to assess each of the criteria given below. Officers would also need to be aware that the Ebola Affected Countries (EAC) status of a country might not always be relevant. Therefore, the officers would need to consider the time when the Ebola virus disease was active in the country instead. This would be the key determining factor that officers use for assessing each criteria. 

Therefore, the officers would need to consider the following questions:

The Criteria Outlined in the Ministerial Instructions (MIs)	The Questions that Officers Would Need to Consider or Ask Themselves
The applicant has resided in, travelled to, or transited through an Ebola Affected Country (EAC) within the three months prior to the application being received by CIC.	Was the country an Ebola Affected Country (EAC) when the applicant resided in, travelled to, or transited through the Ebola Affected Countries (EAC)?
The applicant intends to travel to or transit through an Ebola Affected Country (EAC) in the future.	Is the country an Ebola Affected Country (EAC) when the officer is assessing the applicant’s intention to travel to that country?
The applicant has resided in, travelled to, or transited through an Ebola Affected Country (EAC) within the three months prior to making the final decision on the application.	Was the country an Ebola Affected Country (EAC) when the applicant resided in, travelled to, or transited through the Ebola Affected Countries (EAC)?

Officers would need to find answers to the questions mentioned above. While doing this, they would need to examine:

• The applicant’s address history
• The applicant’s work history
• The applicant’s passport and,
• Any other information provided on the application

In addition, the officers would also need to conduct a check of electronic immigration systems. This would include systems like the Global Case Management System (GCMS) etc.

The Process by which Officers Would Need to Calculate the Three-Month Period

The officers would need to assess whether the Ministerial Instructions (MIs) describe the applicant or not. For this, they would need to calculate the three-month period. To do this, they would need to count three months back from the last day in the three-month period.

For example:

• If the officers receive an application on October 30, 2014, then the three-month period commences on July 30, 3014
• If the officer is making a decision on January 10, 2015, then the three-month period commences on October 10, 2014

The Standard of Proof in Assessing Travel History

Therefore, officers can feel assured that the Ministerial Instructions (MIs) accurately describe the applicant if:

• They find evidence that gives them reasonable ground to believe that either of the criteria listed above applies to the applicant

In addition, officers would need to make their decisions based on the information provided by the applicant. Officers should not typically:

• Seek additional information or,
• Contact the applicant for confirming that the Ministerial Instructions (MIs) describe the applicant

Officers would need to continue processing the application if they find that:

• The application does not indicate that the applicant meets the Ministerial Instructions (MIs) criteria listed above

In this scenario, the officers would process the application according to the usual procedures.

Similarly, officers can arrive at the conclusion that the Ministerial Instructions (MIs) describe the applicant if:

• The application indicates that the applicant meets the criteria listed in the Ministerial Instructions (MIs) and,
• The supporting documents indicate that the applicant meets the criteria listed in the Ministerial Instructions (MIs)

There are only two exceptions, where officers would need to seek additional information. These appear subsequently in the sections titled:

• Temporary Resident Visa  (TRV) Applicants in Canada and,
• Temporary Resident Status Extensions in Canada

Temporary Resident Visa (TRV) Applicants in Canada

Officers would need to obtain information about whether the applicant intends to return to an Ebola Affected Countries (EAC) if an applicant in Canada:

• Applies for a Temporary Resident Visa (TRV) and,
• Is a citizen of an Ebola Affected Country (EAC) or,
• Has an Ebola Affected Country (EAC) listed as the applicant’s last country of permanent residence on their most recent CIC document

In this scenario, the officers would need to call the applicant. They would also need to confirm where the applicant intends travelling. Situations might arise where the officers are not able to contact the applicant via telephone. In this situation, the officers could consider sending a letter via e-mail too. In short, the officers would need to place the application on hold until they can establish contact with the applicant.

Officers would consider that the Ministerial Instructions (MIs) describe an applicant if:

• The applicant expresses a definite intention of travelling to an Ebola Affected Country (EAC):
• On a specific date or,
• For a specific occasion

In some cases, the applicant might express the possibility of travelling to an Ebola Affected Country (EAC) at some indeterminate point in the future. However, officers cannot use this for establishing that the applicant intends to travel to an Ebola Affected Country (EAC).

Temporary Resident Status Extensions in Canada

In some cases, applicants in Canada might apply for extending their temporary resident status in Canada. In this scenario, officers would need to conduct a search of the available system records. This would enable them to determine whether:

• There is any indication that the applicant is in Canada
• The applicant has travelled to an Ebola Affected Country (EAC) and,
• The applicant plans to return to an Ebola Affected Country (EAC)

Officers would also need to call the applicant for confirming whether:

• The applicant is in Canada and,
• The applicant intends to return to an Ebola Affected Country (EAC)

However, they would only do this if the applicant:

• Is a citizen of an Ebola Affected Country (EAC) or,
• Has an Ebola Affected Country (EAC) listed as the applicant’s last country of permanent residence on the applicant’s most recent CIC document

Situations might arise where the officers are not able to contact the applicant via telephone. In this situation, the officers could consider sending a letter via e-mail too. In short, the officers would need to place the application on hold until they can establish contact with the applicant.

Officers would consider that the Ministerial Instructions (MIs) describe an applicant if the applicant:

• Is outside Canada  or,
• Intends to travel to an Ebola Affected Country (EAC)

The Process before Issuing a Permanent Resident Visa

Officers would typically need to issue a permanent resident visa to applicants. This also includes applicants whose applications remain subject to the Ministerial Instructions (MIs). However, prior to issuing these applicants a permanent resident visa, the officers would need to examine:

• The permanent residence (PR) application and,
• All the systems

From their examinations, the officers would need to look for any information that indicates that the applicant:

• Has resided in Ebola Affected Countries (EAC) during the last three months prior to the issuance of the permanent resident visa
• Has travelled to Ebola Affected Countries (EAC) during the last three months prior to the issuance of the permanent resident visa and,
• Has transited through Ebola Affected Countries (EAC) during the last three months prior to the issuance of the permanent resident visa

If they find these indications, the officers can conclude that the Ministerial Instructions (MIs) describe the applicant.

The Ministerial Instructions (MIs) do not apply to applications from applicants who:

• Are visa exempt and,
• Only receive a Confirmation of Permanent Residence

Note:

• The World Health Organization (WHO) has deemed the following countries as having widespread and persistent (or intense) transmission of the Ebola virus disease:
• Guinea
• Liberia and,
• Sierra Leone
• Therefore, the Ministerial Instructions (MIs) consider these countries to be Ebola Affected Countries (EAC)
• This information is accurate at the time of publication of this OB

Source: Citizenship and Immigration