In general cases individuals who are inadmissible under the Immigration and Refugee Protection Act (IRPA) or do not meet its requirements, may be
In such cases the officer can issue a TRP to make the applicant a temporary resident, if justified in any circumstances. This is to balance the objectives of IRPA to hold social, humanitarian and economic commitments of Canada, while upholding the health and security of Canadians.
This permit, formerly known as Minister’s Permit, was introduced as a part of Immigration Act in 1910. The Minister having deportation rights or removal orders as part of the enforcement regime is entitled with the discretionary powers to be used in exceptional cases. This is to be used in a transparent manner and has to be reported on how many times it was exercised each year.
When TRP is issued?
Officers have rights to issue a TRP when both the below mentioned considerations apply:
- The individual’s purpose to enter or stay in Canada is in accordance with the objectives mentioned in the Immigration and Refugee Protection Act (IRPA).
- The issuance of a TRP counterbalances any risks that may cause and is irresistible and sufficient to overcome any risks that the individual might encounter.
Who is issued with a TRP?
Seeking entry to Canada or currently inside Canada, provided that the officer agrees to the individual’s purpose is consistent with the IRPA’s objectives, at the same time mitigating any risk associated with the inadmissibility if the individual is under the IRPA inadmissible category, for violation of the IRPA reportable, and subject to report under the subsection of A44(1). The applicants inside Canada who are not eligible to restore their status can also apply. The issuance will be only in accordance with the IRPA and IRPR.
How will the client be assessed?
If the client wishes to be considered for a TRP and the officer being aware of the inadmissibility, the officer will assess the situation of the client, whether they meet the eligibility criteria for a TRP, whether they possess a removal order or warrant, the risk factors attached to it, when required consulted a designated decision maker. The offer needs to understand the intent of the legislation, maintenance of program integrity and protection of public health and safety.
Who is not eligible?
If all the following conditions are met, a failed refugee claimant may not request for a TRP:
- Fewer than 12 months has elapsed since the date of their refugee claim with Refugee Protection Division (RPD) was rejected or determined to be withdrawn, or abandoned.
- Never appealed to the Refugee Appeal Division(RAD).
- Never put forward an application for leave made to the Federal Court.
