A protected person cannot be landed while the decision behind their protection is still open to challenge. If a judicial review is under way, or the window to start one has not closed, an officer cannot find that you meet the conditions. Applicants headed for Quebec also need Quebec to agree they meet its selection criteria, unless the Board found them to be Convention refugees.
(1)For the purposes of subsection 21(2) of the Act, an officer shall not be satisfied that an applicant meets the conditions of that subsection if the determination or decision is subject to judicial review or if the time limit for commencing judicial review has not elapsed.
(2)[Repealed, SOR/2012-154, s. 8]
(3)For the purposes of subsection 21(2) of the Act, an applicant who makes an application to remain in Canada as a permanent resident — and the family members included in the application — who intend to reside in the Province of Quebec as permanent residents and who are not persons whom the Board has determined to be Convention refugees, may become permanent residents only if it is established that the competent authority of that Province is of the opinion that they meet the selection criteria of the Province.