PART 1Immigration to Canada (continued)
DIVISION 9Certificates and Protection of Information (continued)
Other Proceedings (continued)
Marginal note:Appeal by Minister
87.01 (1) The Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, to the Federal Court of Appeal any decision made in a judicial review requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person.
Marginal note:Effects of appeal
(2) The appeal suspends the execution of the decision, as well as the judicial review, until the appeal has been finally determined.
- 2015, c. 20, s. 60
Marginal note:Special advocate
87.1 If the judge during the judicial review, or a court on appeal from the judge’s decision, is of the opinion that considerations of fairness and natural justice require that a special advocate be appointed to protect the interests of the permanent resident or foreign national, the judge or court shall appoint a special advocate from the list referred to in subsection 85(1). Sections 85.1 to 85.5 apply to the proceeding with any necessary modifications.
- 2008, c. 3, s. 4
(2) The regulations
(a) shall require that, to be included in the list, persons be members in good standing of the bar of a province, not be employed in the federal public administration, and not otherwise be associated with the federal public administration in such a way as to impair their ability to protect the interests of the permanent resident or foreign national; and
(b) may include provisions respecting those requirements.
- 2008, c. 3, s. 4
- 2013, c. 16, s. 27
DIVISION 10General Provisions
Instructions on Processing Applications and Requests
87.3 (1) This section applies to applications for visas or other documents made under subsections 11(1) and (1.01), other than those made by persons referred to in subsection 99(2), to sponsorship applications made under subsection 13(1), to applications for permanent resident status under subsection 21(1) or temporary resident status under subsection 22(1) made by foreign nationals in Canada, to applications for work or study permits and to requests under subsection 25(1) made by foreign nationals outside Canada.
Marginal note:Attainment of immigration goals
(2) The processing of applications and requests is to be conducted in a manner that, in the opinion of the Minister, will best support the attainment of the immigration goals established by the Government of Canada.
(3) For the purposes of subsection (2), the Minister may give instructions with respect to the processing of applications and requests, including instructions
(a) establishing categories of applications or requests to which the instructions apply;
(a.1) establishing conditions, by category or otherwise, that must be met before or during the processing of an application or request;
(b) establishing an order, by category or otherwise, for the processing of applications or requests;
(c) setting the number of applications or requests, by category or otherwise, to be processed in any year; and
(d) providing for the disposition of applications and requests, including those made subsequent to the first application or request.
(3.1) An instruction may, if it so provides, apply in respect of pending applications or requests that are made before the day on which the instruction takes effect.
(3.2) For greater certainty, an instruction given under paragraph (3)(c) may provide that the number of applications or requests, by category or otherwise, to be processed in any year be set at zero.
Marginal note:Compliance with instructions
(4) Officers and persons authorized to exercise the powers of the Minister under section 25 shall comply with any instructions before processing an application or request or when processing one. If an application or request is not processed, it may be retained, returned or otherwise disposed of in accordance with the instructions of the Minister.
(5) The fact that an application or request is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or other document, or grant the status or exemption, in relation to which the application or request is made.
(7) Nothing in this section in any way limits the power of the Minister to otherwise determine the most efficient manner in which to administer this Act.
- 2008, c. 28, s. 118
- 2012, c. 17, s. 29, c. 19, ss. 706, 710, c. 31, ss. 311, 314
Applications for Temporary Resident Visas, Work Permits and Study Permits
Marginal note:Order in council
87.31 (1) If the Governor in Council is of the opinion that the government of a foreign state or the competent authority of any other territory is unreasonably refusing to issue or unreasonably delaying the issuance of travel documents to citizens or nationals of that country or territory who are in Canada, the Governor in Council may make an order specifying one or more of the following:
(a) applications for temporary resident visas, work permits or study permits, or any combination of those types of applications, made by any citizen or national of that foreign state or territory are not to be accepted for processing if they are received during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force;
(b) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be suspended during the period or periods set out in the order or, if a period is not set out, during the period that the order is in force; or
(c) the processing of any of those types of applications, or any combination of them, made by any citizen or national of that foreign state or territory that are pending on the coming into force of the order or, if amended, the amendment, is to be terminated.
Marginal note:Other elements of order
(2) An order made under subsection (1) may
(a) restrict the application of the order to applications, citizens or nationals within a class of applications, citizens or nationals that is specified in the order;
(b) provide for the retention, return or other disposition of applications;
(c) if the processing of applications is terminated, provide for the repayment of fees paid in respect of those applications; and
(d) provide for any other matter arising out of or ancillary to the exercise of the power conferred under that subsection.
(3) The fact that an application is retained, returned or otherwise disposed of does not constitute a decision not to issue the visa or permit in relation to which the application is made.
- 2019, c. 29, s. 304
Federal Skilled Workers
Marginal note:Application made before February 27, 2008
87.4 (1) An application by a foreign national for a permanent resident visa as a member of the prescribed class of federal skilled workers that was made before February 27, 2008 is terminated if, before March 29, 2012, it has not been established by an officer, in accordance with the regulations, whether the applicant meets the selection criteria and other requirements applicable to that class.
(2) Subsection (1) does not apply to an application in respect of which a superior court has made a final determination unless the determination is made on or after March 29, 2012.
(3) The fact that an application is terminated under subsection (1) does not constitute a decision not to issue a permanent resident visa.
Marginal note:Fees returned
(4) Any fees paid to the Minister in respect of the application referred to in subsection (1) — including for the acquisition of permanent resident status — must be returned, without interest, to the person who paid them. The amounts payable may be paid out of the Consolidated Revenue Fund.
Marginal note:No recourse or indemnity
(5) No person has a right of recourse or indemnity against Her Majesty in connection with an application that is terminated under subsection (1).
- 2012, c. 19, s. 707
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