Public policy concerning foreign national family members of victims of Ukrainian International Airlines Flight PS752

On January 8, 2020, Ukraine International Airlines Flight PS752 was shot down near Tehran by an Iranian surface-to-air missile. Tragically, 57 Canadian citizens, 29 permanent residents and others with close ties to Canada were among the 176 people killed. The Government of Canada views this event as a national tragedy. Canada extends its deepest condolences to the families and loved ones of the victims and has announced that assistance and support will be provided to family members who may need to travel to, or remain in, Canada, for funerals or to handle personal affairs of victims and need a temporary resident visa, or extension of temporary resident status, on an urgent basis.

Therefore, I hereby establish that there are sufficient public policy considerations that justify the granting, in accordance with section 25.2 of the Immigration and Refugee Protection Act exemptions from the requirements of the Immigration and Refugee Protection Act (Act) and Immigration and Refugee Protection Regulations (Regulations) listed below to foreign nationals who meet the conditions set out below.

Conditions:

Based on public policy considerations, when processing an application for a temporary resident visa which may provide for multiple entries with a validity of up to 6 months or a temporary resident permit, or where processing an application for an extension or restoration of temporary resident’s status in Canada, delegated officers may grant an exemption from the requirements of the Act and Regulations identified below when a foreign national meets the following conditions:

1. The foreign national is a member of the family of a victim of Ukrainian International Airlines flight PS752 who has been directly and personally affected by the incident, or the person responsible for settling the victim’s personal affairs, and is coming to Canada temporarily for activities or events related to the passing of the victim;
2. The foreign national is a temporary resident in Canada who is a member of the family of a victim of Ukrainian International Airlines flight PS752 who has been directly and personally affected by the incident, or the person responsible for settling the victim’s personal affairs, and who requires an extension of their temporary status in Canada in order to participate in activities or events relating to the passing of the victim;
3. The foreign national was authorized status as a temporary resident in Canada and is a member of the family of a victim of Ukrainian International Airlines flight PS752 who has been directly and personally affected by the incident, or the person responsible for settling the victim’s personal affairs, who is seeking restoration of their temporary status in Canada in order to participate in activities or events relating to the passing of the victim; or
4. The foreign national is a temporary resident in Canada who is a member of the family of a victim of Ukrainian International Airlines flight PS752 who has been directly and personally affected by the incident, or the person responsible for settling the victim’s personal affairs, and requires a temporary resident visa to return to Canada after travelling to Iran for activities or events related to the passing of the victim.

For guidance, a member of the family under this public policy is to be interpreted inclusively, and is not solely restricted to definitions of family provided by the Immigration and Refugee Protection Act.

Provisions of the Act for which an exemption may be granted:

• Section 10.01 – the requirement to provide biometric information in support of a temporary resident visa application.

An officer may grant an exemption from s. 10.01 of the Immigration and Refugee Protection Act except where collection of biometrics is necessary to complement biographic screening in order to determine the identity, eligibility or admissibility of the applicant.

Provisions of the Regulations for which an exemption may be granted:

• Subsection 181(1)(a) – the requirement to have made an application for extension of their authorization to remain in Canada as a temporary resident by the end of their period authorized for their stay.
• Subsection 296(1) - the requirements to pay an application processing fee for a temporary resident visa.
• Subsection 296(3) – maximum temporary resident visa fee for applicant and family members.
• Subsection 298(1) – the requirements to pay an application processing fee for a temporary resident permit.
• Subsection 305(1) – the requirements to pay an application processing fee for an extension of authorization to remain in Canada as temporary resident.
• Subsection 306(1) – the requirement to pay the application processing fee for restoration of temporary resident status.
• Subsection 315.1(1) – the requirement to pay for the provision of service in relation to the collection of biometric information.
• Subsection 315.1(3) – maximum fee for biometrics collection for a family

Other Admissibility and Selection Criteria

To be issued a temporary resident visa or an extension of temporary resident status, foreign nationals eligible under this public policy are subject to all other legislative admissibility and eligibility requirements not exempted under this public policy.

Effective Date and Expiration

This public policy takes effect on the day on which it is signed.

This public policy covers applications received on or after January 10, 2020, and expires on June 30, 2020.

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Marco E. L. Mendicino, P.C., M.P.

Minister of Immigration, Refugees and Citizenship

Dated at Ottawa, this 16^th day of January 2020