Excluded Family Members: Brief on R. 117(9)(d)

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May 2016
Summary: 

Section 117(9)(d) of the Immigration and Refugee Protection Regulations imposes a lifelong sponsorship ban on family members who were not examined at the time of the sponsor’s immigration to Canada. Although R.117(9)(d) affects all categories of immigrants, it has a disproportionately negative effect on refugees and vulnerable migrants who fail to disclose a family member. Their reasons for doing so include fear of endangering the family member, gender-based oppression, lack of information, and unexpected life events. The regime set out in R.117(9)(d) is overbroad, excessive, and inflicts devastating harm on vulnerable people, especially children.