Tag: Document validity

Understanding the New Automatic Cancellations of immigration documents after a foreign national has been found inadmissible

17-5-24  Immigration,News

On February 2, 2024, the Regulations amending the Immigration and Refugee Protection Regulations: SOR/2024-11 were adopted on the recommendation of the Minister of Public Safety and Emergency Preparedness pursuant to subsection 5(1) and paragraph 53(3) of the Immigration and Refugee Protection Act (IRPA).

Coming into force on March 15, 2024, the Regulations aim to enhance the coherence and efficiency of the process of cancelling immigration documents after a foreign national has been found inadmissible and subsequently issued a removal order. The Regulations ensure that inadmissibility determinations automatically and directly affect the validity of immigration documents, namely, electronic travel authorizations, temporary resident visas, temporary resident permits, work permits, and study permits. Under the new Regulations, temporary resident visas, electronic travel authorizations and temporary resident permits documents are automatically cancelled when a removal order is made against a foreign national. Work permits and study permits are automatically cancelled when a removal order made against a foreign national becomes enforceable.

In this regard, the Regulations amend the Immigration and Refugee Protection Regulations (IRPR) by adding a new Division 5 (“Cancellation of Immigration Documents”) comprised of a new section 243.1 (“Making of a removal order”) and section 243.2 (“Enforceable removal order”). As a result of this addition, consequential amendments are made to paragraph 63(a), section 209, and paragraph 222(1)(b) of the IRPR.

Two examples may help illustrate the application of the new above-mentioned articles.

Under the first example, John was admitted to Canada as holder of a temporary resident permit. Shortly thereafter, John was contacted by a delegate of the Minister of Public Safety and Emergency Preparedness and informed that an inadmissibility report was prepared against him on the basis of serious criminality and invited to provide evidence and information as part of his participation in a ministerial process that will determine whether a removal order will be issued. At the conclusion of the process, John is informed that the Minister has issued a removal order. As a result of the new section 243.1, John’s temporary resident visa is automatically cancelled.

Under the second example, Shirley was admitted to Canada on the basis of a study permit. Shortly thereafter, Shirley was contacted by an officer of the Canada Border Services Agency and informed that an admissibility report was prepared against her on the basis of human or international rights violations and notified that the report was referred to the Immigration Division of the Immigration and Refugee Board for an admissibility hearing. Shirley participated in the admissibility hearing and the Immigration Division issued a removal order. As the IRPA does not provide for a right of appeal to the Immigration Appeal Division, the removal order becomes enforceable on the day the Immigration Division issued the removal order. As a result of the new section 243.2, Shirley’s study permit is automatically canceled.

The Regulations Amending the Immigration and Refugee Protection Regulations, SOR/2024-11, and a detailed discussion of the public policy objectives they encompass, were published on February 14, 2024 in the Canada Gazette, Part II, Volume 158, Number 4 and are accessible at the following link: https://www.gazette.gc.ca/rp-pr/p2/2024/2024-02-14/html/sor-dors11-eng.html

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