Ministerial Relief, as governed by the Immigration and Refugee Protection Act (IRPA) and Regulations (IRPR) of Canada, provides a mechanism for foreign nationals who have been deemed inadmissible to Canada based on:
- Security grounds
- Human or international rights violations, and/or
- Organized criminality
This relief allows them to apply for a declaration that could reverse the inadmissibility determination.
- Applying for Ministerial Relief
Foreign nationals facing removal orders or denials of temporary or permanent residence applications in Canada or overseas due to inadmissibility can seek Ministerial Relief. The process involves:
- Assessment by Canada Border Services Agency (CBSA): The CBSA evaluates requests for Ministerial relief and formulates a recommendation for the Minister based on the individual’s circumstances.
- Ministerial Relief Unit: The Ministerial Relief Unit, a division of the Canada Border Services Agency, is responsible for receiving and processing applications for Ministerial Relief.
- Ministerial Decision: The final decision to grant Ministerial Relief lies solely with the Minister of Immigration, Refugees, and Citizenship Canada. This authority cannot be delegated to government officials.
- Impact of Ministerial Relief
If the Minister grants relief, the factors that initially led to the finding of inadmissibility – such as security concerns, human rights violations, or organized criminality – no longer hold as grounds for inadmissibility. This means that the foreign national is no longer considered inadmissible based on those specific grounds.
In essence, Ministerial Relief offers an opportunity for individuals who have been found inadmissible due to serious reasons to have their cases reviewed by the Minister, who can exercise discretion to provide relief from the previous inadmissibility determination.
FAQs
What is Ministerial Relief?
Ministerial Relief is a provision allowing foreign nationals deemed inadmissible to Canada to apply for reversal of the determination.
Who can seek Ministerial Relief?
Foreign nationals facing removal orders or denials of residence applications due to inadmissibility can seek Ministerial Relief.
What role does CBSA play?
CBSA assesses requests, formulates recommendations, and plays a crucial role in the evaluation process.
Where does final decision authority lie?
Final decision authority lies solely with the Minister of Immigration, Refugees, and Citizenship Canada.
What impact does Ministerial Relief have?
It removes factors leading to the inadmissibility determination, such as security concerns or human rights violations.
Can individuals facing removal orders seek relief?
Yes, individuals facing removal orders due to inadmissibility can seek Ministerial Relief.
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