I-0.2, r. 4 - Regulation respecting the selection of foreign nationals

Section 18 Disposition versions

2015-12-24

18. The class of foreign nationals who are in a particularly distressful situation includes a foreign national who,

(a)  is, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27),

i.  a person whose Convention refugee status is recognized in Canada by the court having jurisdiction in Canada; or

ii.  a person in need of protection recognized in Canada by the court having jurisdiction or by the minister responsible for the administration of that Act;

(b)  is, within the Immigration and Refugee Protection Regulations (SOR/02-227),

i.  a member of the Convention refugees abroad class;

ii.  a member of the humanitarian-protected persons abroad class who is a member of the Country of Asylum class;

(c)  is in a distressful situation such that he deserves humanitarian consideration owing to the fact that:

i.  his physical, mental or moral well-being and that of his family legally in Québec would be seriously affected if he could not remain in or come to Québec;

i.1.  the foreign national is abroad with a relative who is the holder of a selection certificate, and their physical, mental or moral well-being would be seriously affected if they could not accompany or follow the foreign national to Québec;

ii.  although not a resident of Québec, he is successfully established in Québec and has no significant ties with his country of origin or makes a definite contribution through his employment, his profession, or his economic or artistic activities;

iii.  his physical safety is threatened by risk of imprisonment, torture or death if he cannot remain in or come to Québec;

iv.  his permanent resident application is processed in Canada pursuant to section 25 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations, his physical, mental or moral well-being would be seriously affected if he could not remain in Québec and his removal to his country of origin would cause him serious harm;

(d)  is the subject of a positive opinion on his or her process of integration in Québec following the cancellation of the stay on removal orders with respect to a country of which he or she is a national, and has made a request for permanent resident status processed in Canada under section 25 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations.

R.R.Q., 1981, c. M-23.1, r. 2, s. 18; O.C. 771-82, s. 1; O.C. 1784-91, ss. 1 and 5; O.C. 189-93, s. 3; O.C. 728-2002, s. 8; O.C. 838-2006, s. 11; O.C. 675-2009, s. 3; O.C. 1289-2009, s. 4; O.C. 1043-2015, s. 1.

2012-09-01

18. The class of foreign nationals who are in a particularly distressful situation includes a foreign national who,

(a)  is, within the meaning of the Immigration and Refugee Protection Act (S.C. 2001, c. 27),

i.  a person whose Convention refugee status is recognized in Canada by the court having jurisdiction in Canada; or

ii.  a person in need of protection recognized in Canada by the court having jurisdiction or by the minister responsible for the administration of that Act;

(b)  is, within the Immigration and Refugee Protection Regulations (SOR/02-227),

i.  a member of the Convention refugees abroad class;

ii.  a member of the humanitarian-protected persons abroad class who is a member of the Country of Asylum class or a member of the Source Country class,

(c)  is in a distressful situation such that he deserves humanitarian consideration owing to the fact that:

i.  his physical, mental or moral well-being and that of his family legally in Québec would be seriously affected if he could not remain in or come to Québec;

i.1.  the foreign national is abroad with a relative who is the holder of a selection certificate, and their physical, mental or moral well-being would be seriously affected if they could not accompany or follow the foreign national to Québec;

ii.  although not a resident of Québec, he is successfully established in Québec and has no significant ties with his country of origin or makes a definite contribution through his employment, his profession, or his economic or artistic activities;

iii.  his physical safety is threatened by risk of imprisonment, torture or death if he cannot remain in or come to Québec;

iv.  his permanent resident application is processed in Canada pursuant to section 25 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations, his physical, mental or moral well-being would be seriously affected if he could not remain in Québec and his removal to his country of origin would cause him serious harm;

(d)  is the subject of a positive opinion on his or her process of integration in Québec following the cancellation of the stay on removal orders with respect to a country of which he or she is a national, and has made a request for permanent resident status processed in Canada under section 25 of the Immigration and Refugee Protection Act or section 65.1 of the Immigration and Refugee Protection Regulations.

R.R.Q., 1981, c. M-23.1, r. 2, s. 18; O.C. 771-82, s. 1; O.C. 1784-91, ss. 1 and 5; O.C. 189-93, s. 3; O.C. 728-2002, s. 8; O.C. 838-2006, s. 11; O.C. 675-2009, s. 3; O.C. 1289-2009, s. 4.