Ineligibility to Make a Refugee Claim

14th May 2017 Comments Off on Ineligibility to Make a Refugee Claim

Last updated on April 4th, 2019

Section 101(d) of the Immigration and Refugee Protection Act states:

101. (1) A claim is ineligible to be referred to the Refugee Protection Division if

(a) refugee protection has been conferred on the claimant under this Act;

(b) a claim for refugee protection by the claimant has been rejected by the Board;

(c) a prior claim by the claimant was determined to be ineligible to be referred to the Refugee Protection Division, or to have been withdrawn or abandoned;

(d) the claimant has been recognized as a Convention refugee by a country other than Canada and can be sent or returned to that country;

(e) the claimant came directly or indirectly to Canada from a country designated by the regulations, other than a country of their nationality or their former habitual residence; or

(f) the claimant has been determined to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality, except for persons who are inadmissible solely on the grounds of paragraph 35(1)(c).

Serious criminality

(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 and for which a sentence of at least two years was imposed; or

(b) in the case of inadmissibility by reason of a conviction outside Canada, the Minister is of the opinion that the person is a danger to the public in Canada and the conviction is for an offence that,

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The Atlantic Immigration Pilot Program

13th May 2017 Comments Off on The Atlantic Immigration Pilot Program

In March 2017 the Government of Canada created several programs to encourage immigration to Eastern Canada through the Atlantic Immigration Pilot Program (the “AIPP“).

The AIPP consists of the following three immigration programs.

  • Atlantic High-skilled Program (“AHSP“)
  • Atlantic Intermediate-skilled Program (“AISP“)
  • Atlantic International Graduate Program (“AIGP“)

In 2017 a maximum of 2,000 applications will be accepted, unless Immigration, Refugees and Citizenship Canada (“IRCC“) decides to increase the cap.  Within the 2,000 cap, a maximum of 646 applications will be processed for people destined for New Brunswick, 792 applications applications will be submitted for people intending to live in Nova Scotia, 442 applications for Newfoundland and Labrador, and 120 applications for Prince Edward Island will be accepted for processing.

The main attractiveness of the program compared to federal immigration programs appears to be lower language requirements and the ability of people working in National Occupational Classification (“NOC“) C to participate.

Provincial Endorsements

In each of the programs listed above, applicants must receive provincial endorsement.

Provinces can only endorse individuals in support of applications for permanent residence made through the paper-based (non-Express Entry) process.Atlantic High-skilled Program.

The PEI designation process is described in detail here.

The Newfoundland designation process is described in detail here.

The New Brunswick designation process is described in detail here.

The Nova Scotia designation process is described in detail here.

Atlantic High-skilled Program

The AHSP is for foreign nationals who intend to reside in an Atlantic province who have the ability to become economically established in that province.

A person is eligible for the AHSP if at the time of their application for permanent residence:

  • they show that they have Canadian Language Benchmark 4 or higher in each of the four language skill areas (listening,

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eTA Regulations Amended

6th May 2017 Comments Off on eTA Regulations Amended

On April 13, 2017 the Government of Canada introduced several regulatory amendments to the Electronic Travel Authorization (“eTA”) regime.  The changes to the eTA program came into effect on May 3, 2017.  Before reading about the changes, those who are unfamiliar with the eTA should read my previous posts on this topic titled ETA Regulations Announced and Electronic Travel Authorizations.

In brief, the eTA is an electronic document requirement for visa-exempt air travellers to Canada, excluding citizens of the United States. Travellers who are visa-exempt must apply online for an eTA by providing basic biographical, passport and personal information. An automated system then compares this information against immigration and enforcement databases to determine if the traveller is admissible to Canada. The vast majority of applications are approved automatically, with a small percentage referred to an officer for review.

It is similar to ESTA in the United States.

Brazil, Bulgaria and Romania

Effective immediately, citizens of Brazil, Bulgaria, and Romania no longer need to apply for temporary resident visas to visit Canada and can instead apply for eTAs if they have held a temporary resident visa at any time during the 10-year period immediately preceding the day on which they make their application or hold a valid United States nonimmigrant visa on the day on which they make their application.

However, Brazilians, Bulgarians and Romanians will still generally need a visitor visa if driving to Canada from the U.S. or arriving by bus, train or boat, including a cruise ship from Alaska (even if someone is not leaving the ship).

This requirement for a visa will be lifted for Bulgarians and Romanians on December 1, 2017.

There is no indication when it will be lifted for Brazilians.

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