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Understanding TSR: Temporary Suspension of Removals in Canadian Law
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Understanding TSR: Temporary Suspension of Removals in Canadian Law
In the context of Canadian immigration law, TSR stands for Temporary Suspension of Removals. This refers to a temporary stay on the enforcement of removal orders to a specific country or place.
In this article from the official website of Pax Law Corporation, you will become familiar with the concepts of TSR.
Legal Basis for TSR
The authority for TSR is found in Section 230 of the Immigration and Refugee Protection Regulations (IRPR), which states:
The Minister may impose a stay on removal orders with respect to a country or a place if the circumstances in that country or place pose a generalized risk to the entire civilian population as a result of:
(a) an armed conflict within the country or place;
(b) an environmental disaster resulting in a substantial temporary disruption of living conditions; or
(c) any situation that is temporary and generalized.
What is a “TSR Country”?
A “TSR country” is not a fixed list within the regulations but rather any nation for which the Minister has established a stay on removal orders. The Federal Court explicitly uses this terminology. For instance, in Sallai v. Canada (Public Safety and Emergency Preparedness), 2022 FC 809, the court noted that “Hungary is not a country with Temporary Suspension of Removals (not a TSR country).”
Historical Examples
Based on Federal Court jurisprudence, the following countries have been officially subject to TSR in the past:
- Haiti
A TSR was in effect from 2004 until it was eventually lifted (as discussed in Abraham v. Canada, 2016 FC 449).
- Zimbabwe
Also cited as a country where a TSR was lifted.
Conclusion
TSR serves as a vital humanitarian tool when conditions in a specific country pose a generalized risk to its population. While the list of affected countries changes based on global events, its foundation remains rooted in the safety and security of individuals facing removal.
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