(2) The portion of subsection 112(2) of the Act before paragraph (a) is replaced by the following: (2) Despite subsections (1) and (1.1), a person may not apply for protection if. (b) has committed, or possesses documents that may be used in the commission of, an offence referred to in section 117, 118 or 122. (b) waive the fees referred to in paragraph (a) for certain work permits or certain classes of work permits. (7) An officer must comply with the instructions before processing an application and when processing one. Marginal note:Further reviews of detention — after determining reasonableness. (2) The conditions imposed under subsection (1) are deemed to have been imposed under subsection 82(6) of the Act. (2) Subject to subsection (3) but despite the other provisions of this Act, the following must be consistent with the federal-provincial agreements: (a) the selection and sponsorship of, and the acquisition of status by, foreign nationals under this Act; and. 31.1 For the purposes of Article 28 of the Refugee Convention, a designated foreign national whose claim for refugee protection or application for protection is accepted is lawfully staying in Canada only if they become a permanent resident or are issued a temporary resident permit under section 24. (4) The officer shall conduct the examination in accordance with any instructions that the Minister may give. Help us develop the tools to bring real-time legislative data into the classroom. (6) If the provincial allocation of an investment made in respect of an application for a permanent resident visa as a member of the prescribed class of investors that is terminated under subsection (1) has been transferred to an approved fund, as defined in subsection 88(1) of the Immigration and Refugee Protection Regulations, the province whose government controls the approved fund must return an amount equal to that provincial allocation to the Minister without delay. SAGE is a leading international provider of innovative, high-quality content publishing more than 900 journals and over 800 new books each year, spanning a wide range of subject areas. (c) refer the matter to the Refugee Protection Division for re-determination, giving the directions to the Refugee Protection Division that it considers appropriate. (1.1) A foreign national who is the subject of a declaration made under subsection 22.1(1) must not seek to enter or remain in Canada as a temporary resident. (5) The prescribed conditions imposed under subsection (4) cease to apply only when. 165 The Refugee Protection Division, the Refugee Appeal Division and the Immigration Division and each member of those Divisions have the powers and authority of a commissioner appointed under Part I of the Inquiries Act and may do any other thing they consider necessary to provide a full and proper hearing. |date=June 24, 1976 Marginal note:Minister’s order to release. 14 (1) The regulations may provide for any matter relating to the application of this Division, and may define, for the purposes of this Act, the terms used in this Division. (b) created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3. [7 of 1974 24 of 1978 2 of 2005]. This bill was enacted after being signed by the President on October 20, 1976. 104 (1) An officer may, with respect to a claim that is before the Refugee Protection Division or, in the case of paragraph (a.1) or (d), that is before or has been determined by the Refugee Protection Division or the Refugee Appeal Division, give notice that an officer has determined that. 13 (1) A Canadian citizen or permanent resident, or a group of Canadian citizens or permanent residents, a corporation incorporated under a law of Canada or of a province or an unincorporated organization or association under federal or provincial law — or any combination of them — may sponsor a foreign national, subject to the regulations. The Chief Justices may also designate additional members of their respective committees. 87 The Minister may, during a judicial review, apply for the non-disclosure of information or other evidence. Marginal note:Right to appeal — visa refusal of family class. Marginal note:Concurrence of second officer. (2) The appeal suspends the execution of the decision, as well as the proceeding under section 78, until the appeal has been finally determined. Marginal note:Clarification — regulations made under paragraph (1)(b). Marginal note:Definition of criminal organization. 136 (1) A proceeding in respect of an offence under this Act may be instituted, tried and determined at the place in Canada where the offence was committed or at the place in Canada where the person charged with the offence is or has an office or place of business at the time of the institution of those proceedings. © 1977 Center for Migration Studies of New York, Inc. Access supplemental materials and multimedia. (2) The Minister or the Minister of Employment and Social Development may also, in accordance with the regulations, remove such a name and address from the list. (2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest. Marginal note:Humanitarian and compassionate considerations. (3) If the Minister orders the release of a designated foreign national, the Minister may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that he or she considers necessary. (2) The following provisions govern subsection (1): (a) the permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of five years following, in the case of a determination outside Canada, a final determination of inadmissibility under subsection (1) or, in the case of a determination in Canada, the date the removal order is enforced; and. (5) If a person who is detained and who is entitled to make an application under subsection (4) does not do so, a judge shall commence a review of the reasons for the person’s continued detention at least once in the six-month period following the day on which this Act comes into force. (2) A claim is not ineligible by reason of serious criminality under paragraph (1)(f) unless, (a) in the case of inadmissibility by reason of a conviction in Canada, the conviction is for an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or. Marginal note:Detention — Immigration Division. (2) If the Immigration Appeal Division allows the appeal, it shall set aside the original decision and substitute a determination that, in its opinion, should have been made, including the making of a removal order, or refer the matter to the appropriate decision-maker for reconsideration. (i) if they have been a permanent resident for less than five years, that they will be able to meet the residency obligation in respect of the five-year period immediately after they became a permanent resident; (ii) if they have been a permanent resident for five years or more, that they have met the residency obligation in respect of the five-year period immediately before the examination; and. (2) The Chairperson, Deputy Chairpersons and Assistant Deputy Chairpersons appointed under the former Act continue in the same capacity with the Board until the expiry or revocation of their respective appointments. Marginal note:Duties of peace officers to execute orders. Marginal note:Decision, determination or examination by automated system. (a) contravenes a provision of this Act for which a penalty is not specifically provided or fails to comply with a condition or obligation imposed under this Act; (b) escapes or attempts to escape from lawful custody or detention under this Act; or. (1.4) The instructions referred to in subsection (1.2) shall prescribe public policy considerations that aim to protect foreign nationals who are at risk of being subjected to humiliating or degrading treatment, including sexual exploitation. (b) less than 12 months have passed since the end of the applicable period referred to in subsection (1) or (2). (a) the collection, retention, use, disclosure and disposal of information, including a Social Insurance Number, for the purposes of this Act or for the purposes of program legislation as defined in section 2 of the Canada Border Services Agency Act; (b) the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 or 5.1 of the Department of Citizenship and Immigration Act or section 13 of the Canada Border Services Agency Act; (c) the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 91(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications; (d) the retention, use, disclosure and disposal by the Royal Canadian Mounted Police of biometric information and any related personal information that is collected under this Act and provided to it for the enforcement of any law of Canada or a province; and. 2005 ] policy professionals like you 54â the Immigration and Nationality Act 2019. 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