Streamlined Departure Orders for Cessation of Refugee Protection

Policy effect

Amended section 228 of the Immigration and Refugee Protection Regulations to authorize the Minister of Public Safety and Emergency Preparedness (or delegates such as border services officers and inland enforcement officers) to issue a departure order against foreign nationals who are inadmissible to Canada upon a final determination that their refugee protection has ceased under section 40.1 of the IRPA. Phase scope: Full national operational implementation upon registration

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Refugee Protection Regulations (see footnote 1) is amended by adding the following after paragraph (b): (b.1) if the foreign national is inadmissible under subsection 40.1(1) of the Act on grounds of the cessation of refugee protection, a departure order; COMING INTO FORCE 2. These Regulations come into force on the day on which they are registered. REGULATORY IMPACT ANALYSIS STATEMENT (This statement is not part of the Regulations.) Issues Under the existing Immigration and Refugee Protection Regulations (IRPR), there is no authority to issue a removal order against foreign nationals who are … then by operation of paragraph 46(1)(c.1) he or she would lose his or her permanent resident status (and become a foreign national) as long as the reason for such cessation is described in paragraphs 108(1)(a) to (d). 3. An inadmissibility report would be made and if well-founded, the Minister (or his delegate) could then issue a departure order against the foreign national. Objective This regulatory modification amends section 228 of the IRPR to provide the Minister of Public Safety and Emergency Preparedness (or a delegate of the Minister) with the authority to issue a departure order to a foreign … removal order against a foreign national who is inadmissible to Canada on a final determination that his or her refugee protection has ceased. More specifically, the removal order is a departure order. The following provision is added to subsection 228(1) of the IRPR after paragraph (b): (b.1) if the foreign national is inadmissible under subsection 40.1(1) of the Act on grounds of the cessation of refugee protection, a departure order; The wording is intended to mirror the wording under paragraph 228(1)(b) of the IRPR, which provides the authority for the Minister to issue a removal order where …

Review method

Two separate automated exact-claim source reviews

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