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Marginal note:Inadmissible family member

• 42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

  • (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

  • (b) they are an accompanying family member of an inadmissible person.

• (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,

  • (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35, 35.1 or 37; and

  • (b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35, 35.1 or 37.

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Marginal note:Family reunification

• 12 (1) A foreign national may be selected as a member of the family class on the basis of their relationship as the spouse, common-law partner, child, parent or other prescribed family member of a Canadian citizen or permanent resident.

• Marginal note:Economic immigration

  (2) A foreign national may be selected as a member of the economic class on the basis of their ability to become economically established in Canada.

Marginal note:Health grounds

• [...]

• (2) Paragraph (1)(c) does not apply in the case of a foreign national who

  • (a) has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the regulations;

  • [...]

  • (d) is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).

Marginal note:Humanitarian and compassionate considerations

65 In an appeal under subsection 63(1) or (2) respecting an application based on membership in the family class, the Immigration Appeal Division may not consider humanitarian and compassionate considerations unless it has decided that the foreign national is a member of the family class and that their sponsor is a sponsor within the meaning of the regulations.

Marginal note:Right to appeal — visa refusal of family class

• 63 (1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.

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