Canadian Refugee Procedure, IRPR ss. 243.1-243.2 - Cancellation of Immigration Documents

IRPR ss. 243.1-243.2 (Division 5 of Part 12 of the Regulation)

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

DIVISION 5
Cancellation of Immigration Documents

Making of a removal order
243.1 The following documents, held by a foreign national, are cancelled when a removal order is made against that foreign national:
(a) a temporary resident visa;
(b) an electronic travel authorization; and
(c) a temporary resident permit.

Enforceable removal order
243.2 The following documents, held by a foreign national, are cancelled when a removal order made against that foreign national becomes enforceable:
(a) a work permit; and
(b) a study permit.

Cancellation is the same is invalidation

This Division concerns the "Cancellation of Immigration Documents". This term "cancellation" is considered to be synonymous with "invalidation", a term that has also been used in the regulations. The Regulatory Impact Analysis Statement from when the above regulation was placed in the Canada Gazette states that the term “cancellation” has been applied throughout the relevant IRPR provisions rather than the previously utilized term of “invalidation.” This approach was meant to improve clarity, as, in their words, "both words are interchangeable with respect to the policy intent of the cancellation provisions."[2]

243.2: Work or study permits held by refugee claimants are not cancelled at the time that a claim is made, but only once a removal order against such an individual becomes enforceable

Originally, the proposal for this Division of the regulations would have automatically cancelled the work and study permits of individuals who are waiting for a determination on a refugee claim and those whose removal order is otherwise not immediately enforceable. When consultations were done, stakeholders were concerned that if there is a delay between when a permit is cancelled and a new one is reissued (such as for pending refugee claimants), then these individuals could be left unable to work or study to support themselves. In response to these comments, the CBSA decided to sever the automatic cancellation of those documents from the regulations. They committed that "additional public consultation on the cancellation of work and study permits will be conducted should the approach deviate substantively from what was prepublished in the Canada Gazette on April 9, 2022."[2]

References

• ↑ Immigration and Refugee Protection Regulations, SOR/2002-227
• ↑ a b Canada Gazette, Part II, Volume 158, Number 4, Regulations Amending the Immigration and Refugee Protection Regulations: SOR/2024-11, February 14, 2024, SOR/2024-11 February 2, 2024, <https://gazette.gc.ca/rp-pr/p2/2024/2024-02-14/html/sor-dors11-eng.html>.

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