It's even a bit more nuanced than that.
When a foreign national arrives in Canada, he can apply for humanitarian and compassionate consideration under this bill, and that application has to be considered by the minister.
Once the foreign national tries to enter into the refugee process and makes a refugee claim, he or she has to make a choice as to which process to pursue, whether the refugee stream or the humanitarian and compassionate stream.
If for example he initially enters a refugee claim and the IRB hears what's referred to in the legislation as substantive evidence, the hearing of testimony, that means the minister does not have an obligation to consider an application for humanitarian and compassionate.