Changes to Ministerial Relief Applications

Summary#

This is a proposed set of changes called the Regulations Amending the Immigration and Refugee Protection Regulations that would change how applications for “Ministerial relief” (MR) are handled. The proposal was published on April 20, 2024 and is open for comment for 30 days; it aims to tighten application rules so the government can close inactive or improper MR files and encourage compliance with removal orders.

What it does#

• Requires MR applications and supporting documents to be sent to a specific address listed on the MR form and the Canada Border Services Agency website.
• Stops someone from filing another MR application if their previous MR was refused and they are subject to an enforceable removal order, until that order is enforced or the person cannot be removed for reasons beyond their control.
• Allows a pending MR application to be closed if the applicant (subject to security-related reporting conditions) fails to report and does not contact CBSA within 90 days of the missed report, unless the failure was beyond their control. (Previously CBSA used a 60-day rule for confirming intention to proceed.)
• Allows closure of a pending MR application when a new inadmissibility finding is made that changes the legal situation; in some cases the person must submit a fresh MR application covering all inadmissibilities.
• Specifically allows closure where a new inadmissibility is for complicity in war crimes or crimes against humanity (for which MR is not available).
• Requires the MR applicant’s personal, dated signature (ink or electronic) to confirm they wish to proceed when CBSA sends a notice asking for confirmation.
• Combines and cleans up existing form and information rules into a single regulatory provision and corrects technical language.
• Keeps exceptions: initial MR applications are still allowed; Convention refugees, protected persons, and people who cannot be removed for reasons beyond their control are not barred by the new re-application rule.

Who's affected#

• People most directly affected are foreign nationals who are inadmissible on serious grounds — security, organized criminality, or certain human or international rights violations — and who are eligible to apply for MR under the Immigration and Refugee Protection Act.
• The operational impact is mainly on the Canada Border Services Agency, which processes MR files.
• Stakeholder groups that commented on the proposal include the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers; their feedback led to some changes (for example, extending the reporting “grace period” to 90 days and adding exceptions).

Why it matters#

• The government says this will reduce wasted effort on stale or improperly filed MR applications and free CBSA resources to focus on active cases.
• For individuals, the changes mean stalled applications can be closed more quickly; people who fail to keep required contact or do not follow removal orders could lose their place in the MR queue and may need to reapply.
• The re-application bar aims to encourage compliance with removal orders, but stakeholders warned it could remove a safety valve for people who have legitimate reasons to seek relief; the proposal includes some exceptions to address that concern.
• Cost estimates in the background note put the current per-application processing cost in 2023 dollars at about $33,214 to $35,158, so closing inactive files could reduce government processing costs.