Vancouver, BC -- (ReleaseWire) -- 03/19/2024 --Many people are aware of the humanitarian and compassionate (H and C) application process for permanent residence, which people can turn to when they are not able to access any other type of immigration application and when they can demonstrate compelling personal circumstances. However, the process is not open to all applicants, according to the Vancouver immigration Lawyers at Sas & Ing Immigration Law Centre in Vancouver, BC, Canada. For more, go to https://canadian-visa-lawyer.com/what-are-your-immigration-options-when-you-have-no-other-options/
H and C applications can be made from within Canada as well as from outside of Canada. However, the H and C statutory provisions exclude certain applicants, specifically persons found to be inadmissible to Canada pursuant to ss. 34, 35 and 37 of the Immigration and Refugee Protection Act (IRPA) on security grounds. If an applicant has been found inadmissible to Canada on one of these grounds, what are possible options to overcome such a finding and either remain in or come to Canada?
The process for overcoming an inadmissibility finding pursuant to ss. 34, 35 and 37 of IRPA is called an application for Ministerial Relief. S. 42(1) provides that a person can make an application for Ministerial Relief, which is a declaration from the Minister of Public Safety and Emergency Preparedness (the Minister) that the matters that gave rise to their determination do not constitute inadmissibility in the circumstances of their case.
However, persons found to be inadmissible pursuant to s. 35(1)(a) of IRPA for commission of or complicity in genocide, war crimes or crimes against humanity, are precluded from making an application for Ministerial Relief.
As of March 10, 2017, there is a statutory framework for making such an application and a formal process, including an application form. To learn more about this application process, please visit: https://www.cbsa-asfc.gc.ca/travel-voyage/gadr-gddd-eng.html#a1. As mentioned above, a Ministerial Relief application can be made by persons both inside and outside of Canada, similar to the H and C application process. Once an application is received, it will be assessed for being both eligible and complete and put in the queue for assessment based on the year of receipt. The Ministerial Relief Unit (MRU) of CBSA will review the application and submissions and make a "recommendation" to the Minister. CBSA's recommendation will be provided to the applicant prior to being sent to the Minister. This will allow the applicant (and their counsel) to respond to any concerns and provide further documentation and submissions in support of the application before going to the Minister for determination.
A Ministerial Relief application can only be determined by the Minister – it can not be delegated to an officer. Given that only the Minster can make the final decision, application processing times tend to be very lengthy. Recent statistics as of October 21, 2022, indicate processing times as fast as 2 years and as lengthy as 22 years with an inventory of over 300 cases. Processing times of 7 – 10 years for Ministerial Relief applications are common.
As an immigration lawyer practicing for over 30 years, the lawyers at Sas & Ing Immigration Law Centre in Vancouver have made numerous H and C applications. While the Ministerial Relief application is distinct, it is similar and should be navigated with an experienced immigration professional, given the complexity of the process and the seriousness of the matter that an applicant is seeking to overcome.
To learn more about immigrating to or to seek representation, contact the Vancouver immigration lawyers at Sas and Ing at 1-604-689-5444.
About Sas and Ing Immigration Law Centre
Sas and Ing Immigration Law Centre has over 30 years of continued in-depth and comprehensive expertise in most aspects of Canadian Immigration practice. Sas and Ing have facilitated applications to Citizenship and Immigration Canada (CIC), Service Canada and Canada Border Services Agency. Catherine & Victor work closely with other lawyers specializing in Business, Employment, Tax, and Real Estate to provide comprehensive legal advice to companies and individuals as they navigate the regulatory requirements necessary for temporary or permanent establishment in Canada.
For additional information, please visit canadian-visa-lawyer.com or call (604) 689-5444
Sas and Ing Immigration Law Centre
Catherine Sas
(604) 689-5444
Company website: canadian-visa-lawyer.com
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