IRPA Data - part 3
Request ID
IRPA00000000432
Item
OP 06-11.1 Selection Criteria
Category
SELECTION: Economic (Skilled Worker, Temporary Workers, Students, Provincial Nominees)
Question
Do skilled workers selected abroad have to have the applicable Canadian license/trade certificate before they are issued the
permanent resident document by th VO e.g. Do medical doctors have to have the applicable provincial credentials to
practice medicine before they are issued a landed immigrant visa by the VO?
Solution Details
No. Experience, either as part of the minimum requirements to enter the Skilled Worker Class, or for assessment points does
not include having to prove that you have a license/registration/trade certificate to work in your occupation prior to your
arrival in Canada. Medical doctors do not need to have the applicable provincial credentials prior to being issued a
Permanent Resident Visa. Neither R75(2) nor R80 make any reference to employment requirements in the National
Occupational Classification.
Request ID
IRPA00000000434
Item
ENF 02-10.00 Non-compliance
Category
ENFORCEMENT: Inadmissibilities, Bonds, Removal Orders, Hearings
Question
What is the coding that I would use for a person seeking entry without sufficient documentation? For example a person at the
POE claiming to be a US citizen who has no proof or id.
Solution Details
The code A46 can be used in this case. It is for the requirement of subsection 16(1) of the act that a person who makes an
application to enter Canada must produce all relevant evidence and documents that the officer reasonably requires.See
also IR 8-3.
October 15, 2004 Page 201 of 779
Request ID
IRPA00000000439
Item
FW-Appendix A Artistic/Performing arts
Category
SELECTION: Economic (Skilled Worker, Temporary Workers, Students, Provincial Nominees)
Question
A group of performng artists are seeking entry to Canada. They are coming to perform at a music festival and have HRDC
validations with them that were approved two weeks ago (pre-IRPA). Do they require work permits?
Solution Details
Ref R186(g) - Under IRPA this group no longer requires a work permit to perform in Canada.see FW-01, 5.8
October 15, 2004 Page 202 of 779
Request ID
IRPA00000000440
Item
PP 01-20.00 Minor Children
Category
REFUGEE: Asylum: Making a Claim
Question
Can you still accept claims by minors?
Solution Details
Refer to PP1- section 14 - PostedMinor ChildrenRefer to Enforcement manual chapter 21 on Our Missing
ChildrenMinors can make a claim for refugee protection to the RPD. The Act does not set out specific procedures or criteria
for dealing with these claims.The United Nations Convention on the Rights of the Child has recognized the obligation of a
government to take measures to ensure that a child seeking refugee status receives appropriate protection.There are three
categories of children who may claim refugee protection in Canada:children who arrive in Canada at the same time as
their parents or sometime thereafter;children who arrive in Canada with (or are being looked after by) persons who
purport to be members of the child's family;children who are alone in Canada without their parents or anyone who
purports to be a family member. Any of the children in the above categories may also have been abducted.The age of a
claimant for refugee protection will usually be satisfactorily established through documentary evidence or testimony.
Proof of age not availableA claimant may possess a travel document in their own name indicating that the person is over
18 years old, but may state that they are actually under the age of 18. The decision as to whether or not a representative
must be designated must be based on the evidence alone and is the decision of the officer.Designated representative
There is currently no national immigration policy on designating representatives for minors or persons who cannot fully
comprehend the nature of the proceedings. This policy is being developed. In the interim, the following procedures of the
IRB are cited for reference purposes. The "best interests of the child" principle is recognized as a fundamental human
right of a child. There are many factors which may affect the best interests of the child, such as age, gender, cultural
background and past experiences.In cases where the child is accompanied by their parents, one parent is usually appointed
as the designated representative of the child. The role of the designated representative is not the same as that of legal
counsel. The child also has the right to be represented by legal or other counsel in circumstances where an adult claimant
would be entitled to legal counsel. In Kissoon v. Canada (Minister of Employment and Immigration), [1979] 1 F.C.
301(C.A.), the Federal Court of Appeal ruled that a member of the Immigration Division made an error of law in failing to
designate a representative for a 17 year-old who was accompanied by legal counsel at an admissibility determination. A
designated representative must:be over 18 years of agehave an appreciation of the process of making a claim for
refugee protectionnot be in a conflict of interest position with the child such that the person must not act at the expense of
the child's best interestsbe willing and able to fulfil the duties of a representative and to act in the best interests of the child
Duties of the representative include:retaining counselinstructing counsel or assisting the child in instructing counsel
making other decisions with respect to the claim or helping the child make those decisionsinforming the child about the
various stages and processes of the claimassisting in obtaining evidence and being a witnessacting in the best interests of
the childProvincial child protection agencies should be notified. It may be necessary in some cases to assign an interpreter
as early as possible so that the child can develop a relationship of trust with the interpreter. The role of the designated
representative should not be confused with the role of counsel. The representative's role is to try to ensure that the wishes of
the minor are carried out with respect to the eligibility determination. The representative may decide who will act as counsel
for the minor.Counsel's role is to give legal advice, plan the case, make objections where necessary and present evidence
and make submissions. Interviewing minor claimantsWhen fingerprinting minor claimants, care must be taken to ensure
that the child is reassured that the officer does not think the child has committed a crime. Officers must take the time to
explain that all persons age 14 and over are fingerprinted.An assessment should be made as to what evidence the child is
able to provide and the best way to elicit that evidence from the child.In general, children are not able to present evidence
with the same degree of precision as adults with respect to context, timing, importance and details. Questioning of a child
should be done in the presence of an adult in a sensitive manner.When the minor is not able to provide the required
information, additional evidence should be considered from:other family members in Canada or another country
members of the child's cultural communitymedical personnel, teachers, social workerspersons similarly situated to the
childUnaccompanied minors (separated children) See UN Convention on the Rights of the ChildThe duty of fairness
precludes processing minors and others incapable of properly representing themselves without some capable person
representing their interests. In any case involving an unaccompanied minor or a person who is unable to appreciate the
nature of the proceedings, the officer must arrange for proper representation as soon as practicable in accordance with local
or regional guidelines.Abducted Children(To be developed)Detention of ChildrenConsistent with the UN
Convention on the Rights of the Child to which Canada is a signatory, administrative guidelines state that minor children are
detained only as a measure of last resort and an officer's decision concerning the detention of a minor must take into account
October 15, 2004 Page 203 of 779
the best interests of the child.Regulations provide for special considerations to be taken into account relating to the detention
of minor children. However, detention of minors is not precluded if the individual is considered a danger to the public. The
special considerations that apply in relation to the detention of minor children who are less than 18 years of age are:the
Request ID
IRPA00000000441
Item
FW-09.20 Six-month rule R30(1)(c)
Category
SELECTION: Economic (Skilled Worker, Temporary Workers, Students, Provincial Nominees)
Question
Reg 221(a) - if a foreign national worked without authorization a year ago i.e a student attending a private esl school worked
off campus without authorization, can he/she be issued a new study permit because more than 6 months has passed since
they engaged in the unauthorized work?
Solution Details
The 6 months would start the day after the person stopped to work or study illegally. The French version of 221(a) explains
this more clearly as it states six months "after the situation ceased to exist". If a foreign national worked illegally from
January the 1st until April the 30th she/he could be issued a work permit six months later which would be the 1st of
November or later and not before.
October 15, 2004 Page 204 of 779
Request ID
IRPA00000000442
Item
FW-05.42 R 207, Applicants in Canada
Category
SELECTION: Economic (Skilled Worker, Temporary Workers, Students, Provincial Nominees)
Question
R200(3)(e)(i) - if a foreign national studied without authorization a year ago i.e a LCP attended night school for 8 months
without authorization, can she be issued a new work permit because more than 6 months has passed since she engaged in the
unauthorized study?
Solution Details
Yes. The 6 months would start the day after the person stopped to work or study illegally: see R200(3)(e)(i). The French
version of R200(3)(e)(i) explains this more clearly as it states "a period of six months has passed since the time of the
reproached activity ["les faits reprochés]." If a foreign national worked illegally from January the 1st until April the 30th
she/he could be issued a work permit six months after April 30th, therefore the 1st of November or later, and not before.
Request ID
IRPA00000000443
Item
ENF 06-19.30 Limited delegation for long-term permanent residents
Category
ENFORCEMENT: Inadmissibilities, Bonds, Removal Orders, Hearings
Question
Enforcement manual chapter ENF 6 - 19.3 says that the delegation of authority under A44(2) to refer a report to the
Immigration Division is restricted in the cases of certain long term permanent residents. There does not appear to be any
distinction in the delegation instruments. Please clarify.
Solution Details
The delegation of authority to refer reports concerning permanent residents to the Immigration Division is found in item 63
of module 9 of the Designations and Delegations. The delegation is not restricted for long term permanent residents as
suggested in ENF 06, which was drafted before the delegations were finalized. The delegation is shared between Regional
officials and NHQ. In light of this, it is now CIC procedure that reports concerning permanent residents who meet the criteria
listed in section 19.3 of ENF 06 are to be referred to the Director, Case Review in Case Management Branch, NHQ if
referral to the ID is being contemplated. Regional delegates may proceed to make decisions to not refer a report concerning
a permanent resident who meets the criteria in 19.3. See IL 3-Annex H, module 9, item 63.
October 15, 2004 Page 205 of 779
Request ID
IRPA00000000444
Item
ENF 04-13.00 Examination of foreign nationals
Category
ENFORCEMENT: Examinations, Seizure and Transportation
Question
A passenger has arrived from the United States and is transiting though Vancouver International Airport to China. S/he has
left the secure area and has been examined and found to be inadmissible for failing to comply with the Act, in that, s/he is
not in possession of a TRV.The examining officer is satisfied that the passenger will leave Canada on his/her flight to
China, which is departing in 3 hours. How can we facilitate this person without issuing a TRP at the cost of $200?
Solution Details
Here are the options for the POE officer. 1) As with any inadmissible person, the officer has the option of issuing a TRP
and collecting the $200 fee as these persons are not cost recovery exempt. 2) The officer may allow the person to
withdraw pursuant to R42. R273(1)(c) requires the transporter to carry the person to any country. This means that
technically we can still allow a person to withdraw forward. The examination in these cases continues until an officer
verifies their departure as per R37(c). In allow to withdraw cases, the officer still has the options of detaining the person for
examination or allowing the person to enter Canada pursuant to A23 for further examination if the withdrawal cannot be
effected immediately. In either case there would be a FOSS record of the event (permit or IMM1282). There is paperwork
required for A23 further examination as the mandatory conditions listed in R43(1) must be imposed.See also ENF 15-5,
Request ID
IRPA00000000445
Item
IR 05-4.0 Fee Changes
Category
Other
Question
A person appears at a port of entry with a receipt and a letter indicating that he or she has been approved for a student
authorization. This application was approved before IRPA was implemented. We are presently administrating IRPA and the
person no longer requires a study permit R188(c). Will this person receive a refund?
Solution Details
The person will not be receiving a refund as the application has already been processed and approved.
October 15, 2004 Page 206 of 779
Request ID
IRPA00000000449
Item
ENF 05- 8 Making a decision to write an A44(1) report
Category
ENFORCEMENT: Inadmissibilities, Bonds, Removal Orders, Hearings
Question
What is the procedure to follow when a person reports at the airport Immigration office to request an extension of her visitor
status and the officer determines that she is out of status ?
Solution Details
This case involved a person who was admitted by Customs on a 6 month visitor stamp. She reported at the Inland
Immigration office at the Airport to request an extension of her visitor status which had expired on the previous day. The