Canada stop processing of applications from individuals who have resided in, travelled to, or transited through Ebola affected countries

11/11/2015

Implementation of Ministerial Instructions stopping the intake and processing of permanent residence and temporary residence applications from individuals who have resided in, travelled to, or transited through Ebola affected countries

Summary

This Operational Bulletin (OB) provides officers with operational instructions in regard to Ministerial Instructions (MIs) affecting applications from individuals who have resided in, travelled to, or transited through Ebola-affected countries (EAC).

Background

Section 87.3 of the Immigration and Refugee Protection Act allows for MIs to be made that will best support the attainment of the immigration goals established by the Government of Canada.

Ministerial Instructions (MIs)

In order to protect public health and safety of Canadians against the threat of the Ebola virus disease, the Minister issued MIs which were published in the Canada Gazette on October 31, 2014, affecting applications from individuals who have resided in, travelled to, or transited through an EAC during the last three months. For certain applicants who have resided in, travelled to, or transited through an EAC during the last three months, the MIs

  • stop the processing of new applications for temporary residence (TR);
  • stop the processing of pending TR applications;
  • stop the processing of new permanent residence (PR) applications; and
  • withhold the issuance of permanent resident visas.

The EAC are defined in the MIs as countries that have widespread and persistent/intense transmission of the Ebola virus disease as identified by the World Health Organization (WHO).

The MIs do not apply to all PR and TR types of applications. Therefore, officers must first determine whether the MIs apply to the type of application submitted by the applicant. If so, officers must then assess whether the applicant themselves is described in the MIs.

See What to do if the applicant is described in the MIs.

How to calculate the three-month period

When determining whether an applicant is described in the MIs, officers are to calculate the three-month period as per the examples below, as the case may be:

  • If an application is received on October 20, 2014, the three-month period begins on July 20, 2014.
  • If the officer is making a decision on January 5, 2015, the three-month period begins on October 5, 2014.

Standard of proof in assessing travel history

If officers find evidence that satisfies them that on the balance of probabilities the relevant criteria above apply to the applicant, the applicant is described in the MIs. This would normally require having direct evidence of the relevant facts, including but not limited to

  • passport stamps from an EAC;
  • plane tickets/travel itineraries to or from an EAC;
  • client statements of actual travel or intent to travel to an EAC.

Officers should make their decision based on the information provided by the applicant and would not normally need to seek additional information or contact the applicant to confirm whether the applicant is described in the MIs. If the officer concludes the applicant is not described in the MIs, the application should be processed according to usual procedures.

If, however, officers have evidence that gives them reasonable grounds to believe that the applicant is described in the MIs, the officer should follow up with the client by sending them letter C. In addition, there are circumstances in which officers should consider seeking additional information. See TRV applicants for information on when follow-up is recommended.

CIC news

Operational Bulletin 593-A (modified) – November 7, 2015

http://www.cic.gc.ca/english/resources/manuals/bulletins/2015/ob593A.asp