Ministerial relief (inadmissibility)
Statutory definition
Section 42.1 of the IRPA provides that the Minister of Public Safety may, on application, declare that a foreign national is exempt from the application of ss 34(1) (security) or 35(1)(b)/(c) (human rights violations — membership in an organisation) if the Minister is satisfied that it is not contrary to the national interest. Ministerial relief is not available for war criminals or persons responsible for crimes against humanity (s 35(1)(a)).
Explanation
Ministerial relief is a narrow exception available for persons whose inadmissibility arose from membership in an organisation (such as a student union or minor political party) rather than personal wrongdoing. It requires demonstrating that allowing entry is not contrary to the national interest. Applications are rare and are decided at a high governmental level. The process is separate from a TRP (which is temporary) and from Criminal Rehabilitation (which applies to criminal, not security, inadmissibility).