Why TSRs are sometimes necessary
The Canada Border Services Agency (CBSA) is responsible for removing foreign nationals who are inadmissible to Canada under Canadian immigration law. The Minister of Public Safety and Emergency Preparedness may impose a TSR on a country when the entire civilian population faces a generalized risk as a result of:
An armed conflict within a country or place;
An environmental disaster resulting in a substantial temporary disruption of living conditions; or
Any situation that is temporary and generalized.
When a TSR is in place, individuals who would normally be subject to removal are allowed to stay in Canada temporarily, and are allowed to work and go to school.
TSRs do not apply to people who are inadmissible to Canada for criminality or security reasons, participating in organized crime, or violating human or international rights, or to people excluded from refugee protection as per the United Nations Convention Relating to the Status of Refugees. People subject to a TSR may choose to return to their country voluntarily.
TSR review process
The CBSA, together with Citizenship and Immigration Canada (CIC), reviews country conditions and recommends to the Minister of Public Safety and Emergency Preparedness whether to impose, maintain or lift a TSR. This process includes consulting other government departments, including the Department of Foreign Affairs, Trade and Development, the United Nations High Commissioner for Refugees, and non-governmental organizations.
A TSR is imposed, maintained or lifted based on the generalized risk faced by an entire population. The decision is not based on risk to an individual. People who allege individual risk have access to a full and fair refugee determination system, as well as other avenues of recourse, including judicial review at the Federal Court of Canada.
Why the TSRs are being lifted
A thorough review and consultations revealed that a generalized risk to the civilian population no longer exists in Haiti and Zimbabwe. The review found that:
In Haiti (TSR imposed in 2004):
Haiti is not in a state of war or extreme civil strife.
International humanitarian and security assistance continues, and the Government of Canada has committed more than $1 billion towards Haiti since 2006. That assistance is helping to stabilize the conditions in this country.
Internally displaced persons are being resettled into safer housing.
General living conditions, political stability and the level of security have improved.
Other countries, such as France, Brazil, Peru, Ecuador and French Guiana are removing individuals to Haiti.
There are regular international flights to and from Haiti and a significant number of Haitians travel back and forth between Haiti and Canada.
In Zimbabwe (TSR imposed in 2002):
Zimbabwe is not in a state of war or extreme civil strife.
International humanitarian assistance is available.
Internally displaced persons and refugees are returning to their homes.
Other countries, such as the U.S., Australia, the U.K. and South Africa, are removing individuals to Zimbabwe.
There are regular international flights to and from Zimbabwe.
Canada will continue to monitor the situation in each country.
Measures for affected individuals
Affected individuals will be given an additional six months to stay in Canada, with access to work permits, and for most*, to coverage of health care, to allow them enough time to either return home or apply for permanent residence in Canada on H&C grounds. In support of these measures, the CBSA will defer their removal pending a final decision on their humanitarian and compassionate (H&C) application. In addition, the Government of Quebec can choose to select qualified individuals to be permanent residents if they qualify under alternate immigration streams.
Normally, individuals who have received a negative determination of a refugee claim at the Immigration and Refugee Board of Canada within the last 12 months are barred from applying for H&C consideration. However, these special measures for Haitians and Zimbabweans include an exemption to this 12-month bar for failed refugee claimants who file an H&C application within six months of the lifting of this TSR.
Haiti Special Measures
Haiti Special Measures (HSM) have provided labour market opinion-exempt work permits and access to health coverage under the Interim Federal Health Program (IFHP) to certain Haitian nationals in Canada who were affected by the 2010 earthquake in Haiti. The HSM expired on November 30, 2014, however work permit validity may extend beyond this date. Individuals benefitting from the HSM are eligible to apply for H&C and benefit from the stay of removal while a decision is pending. These individuals will also have access to open work permits and coverage under the Interim Federal Health Program while their H&C application is processed.
*A small number of individuals in Canada under the TSR may not be eligible for coverage of health care. This could include, for example, those who have never made a refugee claim.
Source:: http://news.gc.ca/web/article-en.do?nid=910579
