Minister of Immigration, Refugees and Citizenship 365 Laurier Avenue West Ottawa ON K1A 1L1 Dear Minister Miller: Re: Processing delays for the dependents of Protected Persons We write on behalf of the National Immigration Law Section and Child and Youth Law Section of the Canadian Bar Association (CBA Sections), and the Canadian Council for Refugees, to recommend the issuance of Temporary Residen. [...] The CBA Immigration Law Section is comprised of over 1,200 lawyers, practicing in all aspects of immigration, refugee and citizenship law and rendering professional advice and representation in the Canadian immigration system to clients in Canada and abroad. [...] The Solution: Temporary Residence Permits We recommend that family reunification with dependents of Protected Persons be achieved by way of Ministerial instructions to issue TRPs under section 24 of the IRPA.12 The current application of section 24 in the context of refugee family reunification is done on a case-by- case basis, at the initiative of applicants. [...] Binding guidance from the Minister is consistent with the objectives of the IRPA, would increase procedural fairness, reduce the number of cases litigated before the Federal Court and assist in achieving Canada’s obligations under the UNCRC. [...] 13 Per subsection 21(2) of the IRPA, section 38 of the IRPA and, subsection 176(3) of the IRPR, the following inadmissibilites do not prevent the grant of PR status to family members of Protected Persons in Canada: subsection 36(2), paragraph 38(1)(c), sections 39 - 42.
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