The Temporary Public Policy for Applications for Permanent Residence on Humanitarian & Compassionate Grounds Arising from the Lifting of the Temporary Suspension of Removals on Haiti & Zimbabwe

Colin R. Singer
August 28, 2016

Operational Bulletin 600-A – March 03, 2016

The Temporary Public Policy for Applications for Permanent Residence on Humanitarian and Compassionate Grounds Arising from the Lifting of the Temporary Suspension of Removals on Haiti and Zimbabwe

Summary

On February 04, 2016, the Government of Canada permitted the nationals of Haiti and Zimbabwe to apply for permanent residence in Canada on humanitarian and compassionate (H&C) grounds. The authorities extended this permission to all nationals of Haiti and Zimbabwe who are in Canada for another six months i.e. until August 04, 2016.

Applying for permanent residence would enable these individuals to derive the benefits of an administrative deferral of removal until they receive a decision on their application. However, it is worth highlighting that that this extension is in addition to the six months that the authorities had granted following the lifting of the Temporary Suspension of Removals (TSR) for Haiti and Zimbabwe that came into effect on December 01, 2014. This measure was in effect until June 01, 2015.

Background

The Minister of Citizenship and Immigration signed a temporary public policy for nationals of Haiti and Zimbabwe on November 26, 2014. This was to provide the relevant guidance to the individuals affected by the lifting of the Temporary Suspension of Removals (TSR). On December 01, 2014, the Minister of Public Safety lifted the Temporary Suspension of Removals (TSR) on Haiti and Zimbabwe.

The effect of a Temporary Suspension of Removals (TSR) halts removals to a country or a place. This is especially so in case the authorities feel that the entire population faces a generalised risk such as:

War
Civil unrest or,
An environmental disaster

Situations could arise where the authorities might wish to subject to removal certain people under normal circumstances. These individuals would typically be people who:

Are inadmissible or,
Have been unsuccessful in their refugee claim

Under normal circumstances, the authorities would not permit these individuals to remain in Canada. As such, these individuals would be subject to removal by the authorities. However, the provisions of a Temporary Suspension of Removals (TSR) would not permit the authorities to remove these individuals. As such, the authorities would need to allow these individuals to continue to stay in Canada, albeit on a temporary basis.

It is worth mentioning that the Minister of Public Safety has the authority to impose, maintain or lift a Temporary Suspension of Removals (TSR). This is in accordance with the provisions specified in section 230 of theImmigration and Refugee Protection Regulations (IRPR). Individuals who are subject to a Temporary Suspension of Removals (TSR) have the ability to opt for returning to their country on a voluntary basis. However, this stay of removal would not apply to individuals who are inadmissible for:

Criminality
Serious criminality
Security
Violating human or international rights or,
Organised crime

In addition, this stay of removal would not apply to individuals referred to in section F of article 1 of the United Nations Convention Relating to the Status of Refugees. This section deals with individuals who:

Have committed crimes against peace, war crimes, or crimes against humanity as defined in the international instruments drawn up to make provision in respect of such crimes
Have committed serious non-political crimes outside the country of refuge prior to gaining admission to that country as refugees or,
Have been guilty of acts contrary to the purposes and principles framed by the United Nations

Note:

According to the provisions specified in section 230 of theImmigration and Refugee Protection Regulations (IRPR), the Minister has the authority to impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalised risk to the entire civilian population as a result of:
- An armed conflict within the country or place
- An environmental disaster that results in a substantial temporary disruption of living conditions or,
- Any situation that the authorities feel is temporary and generalised
When it comes to cancellation, the Minister has the authority to cancel the stay if the circumstances referred to above no longer pose a generalised risk to the entire civilian population
Certain exceptions apply in this scenario as well. For instance, the stay does not apply to a person who:
- Is inadmissible under the provisions specified in subsection 34 (1) of the Immigration and Refugee Protection Act (IRPA) on security grounds
- Is inadmissible under the provisions specified in subsection 35 (1) of the Immigration and Refugee Protection Act (IRPA) on grounds of violating human or international rights
- Is inadmissible under the provisions specified in subsection 36 (1) of the Immigration and Refugee Protection Act (IRPA) on grounds of serious criminality or under the provisions specified in subsection 36 (2) of the Immigration and Refugee Protection Act (IRPA) on grounds of criminality
- Is inadmissible under the provisions specified in subsection 37 (1) of the Immigration and Refugee Protection Act (IRPA) on grounds of organised criminality
- Is a person referred to in section F of Article 1 of the Refugee Convention or,
- This section deals with individuals who:

Have committed crimes against peace, war crimes, or crimes against humanity as defined in the international instruments drawn up to make provision in respect of such crimes
Have committed serious non-political crimes outside the country of refuge prior to gaining admission to that country as refugees or,
Have been guilty of acts contrary to the purposes and principles framed by the United Nations