C-405
First Session, Forty-first Parliament,
60-61 Elizabeth II, 2011-2012
HOUSE OF COMMONS OF CANADA
BILL C-405
An Act to amend the Immigration and Refugee Protection Act (appeal process for temporary resident visa applicants)
first reading, March 6, 2012
NOTE
2nd Session, 41st Parliament
This bill was introduced during the First Session of the 41st Parliament. Pursuant to the Standing Orders of the House of Commons, it is deemed to have been considered and approved at all stages completed at the time of prorogation of the First Session. The number of the bill remains unchanged.
Mr. Davies
411497
SUMMARY
This enactment establishes an appeal process for temporary resident visa applicants under the Immigration and Refugee Protection Act. It seeks to extend the jurisdiction of the Immigration Appeal Division under the Immigration and Refugee Board by expanding its mandate to include appeals from temporary resident visa applicants who have been refused a temporary resident visa or an extension of that visa.
Available on the Parliament of Canada Web Site at the following address:http://www.parl.gc.ca
1st Session, 41st Parliament,
60-61 Elizabeth II, 2011-2012
house of commons of canada
BILL C-405
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
1. Section 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 person who has filed in the prescribed manner an application for a temporary resident visa or for an extension of one may appeal to the Immigration Appeal Division against the decision of an officer not to issue the person a temporary resident visa or not to extend the person’s visa.
2. Subsection 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
3. This 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