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Canadian Refugee Procedure, IRPR Part 8, Division 5 (ss. 175-178) - Protected Persons — Permanent Residence

IRPR Part 8 - Division 5 (ss. 175-178) - Protected Persons — Permanent Residence

The text of the relevant sections of the Immigration and Refugee Protection Regulations[1] read:

DIVISION 5
Protected Persons — Permanent Residence

Judicial review
175 (1) For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.
(2) [Repealed, SOR/2012-154, s. 8]

Quebec
(3) For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.

Family members
176 (1) An applicant may include in their application to remain in Canada as a permanent resident any of their family members.

One-year time limit
(2) A family member who is included in an application to remain in Canada as a permanent resident and who is outside Canada at the time the application is made shall be issued a permanent resident visa if
(a) the family member makes an application outside Canada to an officer within one year after the day on which the applicant becomes a permanent resident; and
(b) the family member is not inadmissible on the grounds referred to in subsection (3).

Inadmissibility
(3) A family member who is inadmissible on any of the grounds referred to in subsection 21(2) of the Act shall not be issued a permanent resident visa and shall not become a permanent resident.

Prescribed classes
177 For the purposes of subsection 21(2) of the Act, the following are prescribed as classes of persons who cannot become permanent residents:
(a) the class of persons who have been the subject of a decision under section 108 or 109 or subsection 114(3) of the Act resulting in the rejection of a claim for refugee protection or nullification of the decision that led to conferral of refugee protection;
(b) the class of persons who are permanent residents at the time of their application to remain in Canada as a permanent resident;
(c) the class of persons who have been recognized by any country, other than Canada, as Convention refugees and who, if removed from Canada, would be allowed to return to that country;
(d) the class of nationals or citizens of a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution; and
(e) the class of persons who have permanently resided in a country, other than the country that the person left, or outside of which the person remains, by reason of fear of persecution, and who, if removed from Canada, would be allowed to return to that country.

Identity documents
178 (1) An applicant who does not hold a document described in any of paragraphs 50(1)(a) to (h) may submit with their application
(a) any identity document issued outside Canada before the person’s entry into Canada; or
(b) if there is a reasonable and objectively verifiable explanation related to circumstances in the applicant’s country of nationality or former habitual residence for the applicant’s inability to obtain any identity documents, a statutory declaration made by the applicant attesting to their identity, accompanied by
(i) a statutory declaration attesting to the applicant’s identity made by a person who, before the applicant’s entry into Canada, knew the applicant, a family member of the applicant or the applicant’s father, mother, brother, sister, grandfather or grandmother, or
(ii) a statutory declaration attesting to the applicant’s identity made by an official of an organization representing nationals of the applicant’s country of nationality or former habitual residence.

Alternative documents
(2) A document submitted under subsection (1) shall be accepted in lieu of a document described in any of paragraphs 50(1)(a) to (h) if
(a) in the case of an identity document, the identity document
(i) is genuine,
(ii) identifies the applicant, and
(iii) constitutes credible evidence of the applicant’s identity; and
(b) in the case of a statutory declaration, the declaration
(i) is consistent with any information previously provided by the applicant to the Department or the Board, and
(ii) constitutes credible evidence of the applicant’s identity.

Section 175 of the regulation previously prescribed a timeline for protected persons to apply for permanent residence

Section 175(2) of the regulation has been repealed. This repeal refers to the former section 175(1) of the regulation, which read as follows:[2]

Application period
175 (1) For the purposes of subsection 21(2) of the Act, an application to remain in Canada as a permanent resident must be received by the Department within 180 days after the determination by the Board, or the decision of the Minister, referred to in that subsection.With the repeal of this provision, the time limit for applying for permanent residence was removed. This requirement was repealed in 2012. Prior to this, late applicants would receive a letter like the following:[3]

You are a person who was determined to be a protected person by the Immigration and Refugee Board on (insert date here). Your application for permanent resident status as a protected person was not received within 180 days of the determination by the Board and is therefore refused.
Your failure to submit your application for permanent residence within the 180-day period does not affect your protected person status, and as a protected person, you and your family members who have been granted protected person status are permitted to remain in Canada.

Should you wish to pursue permanent resident status, you may make an application on humanitarian and compassionate grounds for a waiver of the requirement of Regulation 175(1). To do so, you must submit a “Request for Exemption from Permanent Resident Visa Requirement” (IMM 5001E) accompanied by a “Supplementary Information - Humanitarian and Compassionate Cases” (IMM 5283E). A new processing fee is not required. If you wish to work or study in Canada, you must request and receive a work permit or study.

References

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