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Bill C-255

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First Session, Forty-second Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-255
An Act to amend the Immigration and Refugee Protection Act (appeal process for temporary resident visa applicants)
FIRST READING, MARCH 24, 2016
Mr. Davies
421024


SUMMARY
This enactment establishes an appeal process for foreign nationals who apply for temporary resident visas under the Immigration and Refugee Protection Act. It extends the jurisdiction of the Immigration Appeal Division of the Immigration and Refugee Board for that purpose, by expanding its mandate to include appeals from foreign nationals who have been refused a temporary resident visa or an extension of an authorization to remain in Canada.
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http://www.parl.gc.ca


1st Session, 42nd Parliament,
64-65 Elizabeth II, 2015-2016
HOUSE OF COMMONS OF CANADA
BILL C-255
An Act to amend the Immigration and Refugee Protection Act (appeal process for temporary resident visa applicants)
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
2001, c. 27

Immigration and Refugee Protection Act

1Section 63 of the Immigration and Refugee Protection Act is amended by adding the following after subsection (1):
Right to appeal — temporary resident visa
(1.‍1) 
A foreign national who has made in the prescribed manner an application for a tempo­rary resident visa or for an extension of an authorization to remain in Canada as a tempo­rary resident may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a temporary resident visa or not to extend an authorization.
2Subsection 64(1) of the Act is replaced by the following:
No appeal for inadmissibility
64(1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor, by a permanent resident or by a temporary resident if the foreign national, permanent resident or temporary resident has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.‍
3Subsection 69(2) of the Act is replaced by the following:
Minister’s appeal
(2) In the case of an appeal by the Minister respecting a permanent resident, a temporary resident or a protected person, other than a person referred to in subsection 64(1), if the Immigration Appeal Division is satisfied that, taking into account the best interests of a child directly affected by the decision, sufficient humanitarian and compassionate considerations warrant special relief in light of all the circumstances of the case, it may make and may stay the applicable removal order, or dismiss the appeal, despite being satisfied of a matter set out in paragraph 67(1)‍(a) or (b).

Coming Into Force

Coming into force
4This Act comes into force 30 days after the day on which it receives royal assent.
Published under authority of the Speaker of the House of Commons

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