This enactment establishes an appeal process for foreign nationals who apply for temporary resident visas under the Immigration and Refugee Protection Act. It extends the jurisdiction of the Immigration Appeal Division of the Immigration and Refugee Board for that purpose, by expanding its mandate to include appeals from foreign nationals who have been refused a temporary resident visa or an extension of an authorization to remain in Canada.

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

Right to appeal — temporary resident visa

(1.‍1) A foreign national who has made in the prescribed manner an application for a tempo­rary resident visa or for an extension of an authorization to remain in Canada as a tempo­rary resident may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a temporary resident visa or not to extend an authorization.

No appeal for inadmissibility

64 (1) No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor Insertion start , Insertion end by a permanent resident or Insertion start by a temporary resident Insertion end if the foreign national Insertion start , Insertion end permanent resident Insertion start or temporary resident Insertion end has been found to be inadmissible on grounds of security, violating human or international rights, serious criminality or organized criminality.‍

Minister’s appeal

(2) In the case of an appeal by the Minister respecting a permanent resident Insertion start , a temporary resident Insertion end 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).