Bill C-492

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First Reading

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C-492

Second Session, Fortieth Parliament,

57-58 Elizabeth II, 2009

HOUSE OF COMMONS OF CANADA

BILL C-492

An Act to amend the Immigration and Refugee Protection Regulations (denial of temporary resident visa application)

first reading, December 9, 2009

NOTE

3rd Session, 40th Parliament

This bill was introduced during the Second Session of the 40th 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 Second Session. The number of the bill remains unchanged.

Ms. Chow

402412

SUMMARY

This enactment requires the Governor in Council to amend the Immigration and Refugee Protection Regulations to require that a person whose application for a temporary resident visa (visitor class) has been denied be allowed to receive detailed reasons for the refusal, to have a subsequent application heard by a different officer and to resubmit the application without having to pay a fee.

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2nd Session, 40th Parliament,

57-58 Elizabeth II, 2009

house of commons of canada

BILL C-492

An Act to amend the Immigration and Refugee Protection Regulations (denial of temporary resident visa application)

Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

SHORT TITLE

Short title

1. This Act may be cited as the Temporary Resident Visa Processing Requirements Act.

SOR/2002-227

IMMIGRATION AND REFUGEE PROTECTION REGULATIONS

Amendments to Regulations

2. Within one year of the coming into force of this Act, the Governor in Council shall amend the Immigration and Refugee Protection Regulations to require that

(a) an officer who denies an application for a temporary resident visa (visitor class) provide sufficiently detailed reasons for the decision in order to allow the person whose application has been denied to make the necessary adjustments to a subsequent application, where possible;

(b) the application of a person whose application for a temporary resident visa (visitor class) has been denied and who resubmits the application within one year be considered by:

(i) an officer other than the officer that denied the previous application,

(ii) two or more officers who were not involved in the previous determination, or

(iii) a more senior officer who was not involved in the previous determination; and

(c) a person whose application for a tempo- rary resident visa (visitor class) has been denied and who resubmits the application within one year be exempt pursuant to subsection 296(2) or 297(1.1) from the payment of a fee referred to in subsection 296(1) or 297(1) respectively.

Published under authority of the Speaker of the House of Commons

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Table of Contents

IMMIGRATION AND REFUGEE PROTECTION REGULATIONS