Removal Postponed
Officers would need to provide clients with an update on case status. Similarly, they would need to counsel individuals from the affected countries on the administrative deferral of removal provisions that the authorities have specified for Haiti and Zimbabwe. Officers would need to inform these individuals that they could consider the removals as deferred, if they are eligible under the specifications given in the temporary public policy.
The individuals from the affected countries would need to meet all the eligibility criteria specified. Only then would the authorities consider them for a deferral of their removal, pending their Humanitarian and Compassionate (H&C) review.
Applicants would need to note that the Canada Border Services Agency (CBSA) could execute the removal immediately. This is especially so if the applicants do not meet all the eligibility criteria. However, these individuals have the option of applying for a Pre-Removal Risk Assessment (PRRA).
Transitional Provisions for Humanitarian and Compassionate (H&C) Applications for Permanent Residence Received Prior to the Authorities Lifting the Temporary Suspension of Removal (TSR) and while the Stage 1 Decision is Pending
Situations could emerge where Humanitarian and Compassionate (H&C) application stage 1 decisions are pending at the time the authorities lifted the Temporary Suspension of Removal (TSR) on December 01, 2014. In this scenario, Citizenship and Immigration Canada (CIC) will:
- Send letters that give the applicants the opportunity to update their Humanitarian and Compassionate (H&C) applications within 60 days
- Conduct the eligibility assessment within three weeks, once the 60 days have passed
If the applicant is eligible, Citizenship and Immigration Canada (CIC) will:
- Add the following note in the IMM screen in the Global Case Management System (GCMS): “Applicant applied for H&C consideration under the OB 600 and meets the eligibility criteria for the temporary public policy”
- Send the Demande d’examen du parcours d’intégration au Québec en vue de l’obtention du certificat de selection form along with the relevant supporting documents to the ministère de l’Immigration, de la Diversité et de l’Inclusion (MIDI) and,
- Make a stage 1 decision, once it receives the ministère de l’Immigration, de la Diversité et de l’Inclusion’s (MIDI’s) decision
If the applicant is not eligible, the Citizenship and Immigration Canada (CIC) will:
- Add the following note in the IMM screen in the Global Case Management System (GCMS): “Applicant applied for H&C consideration under the OB 600 but does not meet the eligibility criteria for the temporary public policy due to [insert reason]. Processing of application will continue as per regular procedures”
- Send a letter to the applicant
- Process the application in accordance with the regular procedures and,
- Request for a Certificat de sélection du Québec (CSQ) once the authorities approve the application
Other Permanent Resident Categories
Some applicants could typically submit applications for permanent residence on or before December 01, 2014 under an in-Canada class. These cases would typically comprise:
- Spouse or common law partner in Canada class
- Live-in caregiver class
- Canadian experience class or,
- Permit holder class
Situations could arise where the authorities do not make a stage 1 decision on these applications. In this scenario, the officers would need to continue processing the application. However, the applicant would not benefit from an administrative deferral of removal under the temporary public policy in this case.
Applicants could qualify for an administrative deferral of removal, only if they meet the eligibility criteria outlined in this OB. In this scenario, they would need to submit Humanitarian and Compassionate (H&C) applications within six months of December 01, 2014.
Pre-Removal Risk Assessment (PRRA)
Some individuals could be eligible for the Pre-Removal Risk Assessment (PRRA) through the regular process. This is especially so if these individuals:
- Are subject to an enforceable removal order and,
- Have rejected Humanitarian and Compassionate (H&C) applications
These individuals would need to note that the removal of individuals who apply under the Pre-Removal Risk Assessment (PRRA) receives a stay or a suspension. This is in accordance with the guidelines mentioned in Section R232.
Source: Citizenship and Immigration