Canadian immigration and refugee law
Encyclopedia
Canadian immigration and refugee law concerns the area of law
related to the admission of foreign nationals into Canada
, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act
, which goals include economic growth, family reunification
, and compliance with humanitarian treaties.
(IRPA) which was introduced in 2002 to replace the former Immigration Act of 1976. The many changes included broader discretion for immigrations officers when evaluating applications. The IRPA is accompanied by the Immigration and Refugee Protection Regulations.
Other relevant legislation include the Citizenship Act, and certain immigration and refugee-related provisions of the Criminal Code of Canada
.
or citizens to sponsor a family member's entrance into the country. The Economic Class provides admission to applicants (and their immediate families) who are supposed to be likely to find employment and contribute to the Canadian economy. This is determined by the weighing of factors such as education, language skills, and work experience.
. The Board is the largest tribunal in Canada and hears over 25,000 claims a year. Decision of the Board can be appealed to the Federal Court
, which hears about 2,500 appeals on immigration and refugee matters a year.
, such as soldiers avoiding redeployment to Iraq, to stay in Canada. In mid-2010, the Federal Court of Appeal ruled that Jeremy Hinzman
, an American soldier seeking asylum, should be allowed to remain in Canada, based on his pacifist religious beliefs. Former Member of Parliament Gerard Kennedy
's Private Member's Bill on the issue of war resisters was defeated in late September.
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
related to the admission of foreign nationals into Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act
Immigration and Refugee Protection Act
Immigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
, which goals include economic growth, family reunification
Family reunification
Family reunification is a recognized reason for immigration in many countries. The presence of one or more family members in a certain country, therefore, enables the rest of the family to immigrate to that country as well....
, and compliance with humanitarian treaties.
Enabling law
The primary statute is the Immigration and Refugee Protection ActImmigration and Refugee Protection Act
Immigration and Refugee Protection Act is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada....
(IRPA) which was introduced in 2002 to replace the former Immigration Act of 1976. The many changes included broader discretion for immigrations officers when evaluating applications. The IRPA is accompanied by the Immigration and Refugee Protection Regulations.
Other relevant legislation include the Citizenship Act, and certain immigration and refugee-related provisions of the Criminal Code of Canada
Criminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
.
Admission classes
Canadian immigration policy allows several classes of people to enter. The Family Class allows permanent residentsPermanent resident (Canada)
A Permanent Resident in Canada is someone who is not a Canadian citizen but who has been granted permission to live and work in Canada without any time limit on his or her stay...
or citizens to sponsor a family member's entrance into the country. The Economic Class provides admission to applicants (and their immediate families) who are supposed to be likely to find employment and contribute to the Canadian economy. This is determined by the weighing of factors such as education, language skills, and work experience.
Claims and appeals
Claims for refugee status and for admissibility as well as appeals of the decisions of the immigration officers are direct to the Immigration and Refugee Board of CanadaImmigration and Refugee Board of Canada
The Immigration and Refugee Board of Canada is an independent administrative tribunal. The IRB is responsible for applying the Canadian federal Immigration and Refugee Protection Act and for making decisions on immigration and refugee matters...
. The Board is the largest tribunal in Canada and hears over 25,000 claims a year. Decision of the Board can be appealed to the Federal Court
Federal Court of Canada
The Federal Court of Canada was a national court of Canada that heard some types of disputes arising under the central government's legislative jurisdiction...
, which hears about 2,500 appeals on immigration and refugee matters a year.
Current issues
The Canadian Parliament has previously debated whether to allow former US war resistersUS war resisters
US war resisters are American citizens who oppose military duty. The term may refer to the following topics:*Aftermath of World War I*American popular opinion on invasion of Iraq*Antimilitarism*Canada and Iraq War Resisters*Canada and the Vietnam War...
, such as soldiers avoiding redeployment to Iraq, to stay in Canada. In mid-2010, the Federal Court of Appeal ruled that Jeremy Hinzman
Jeremy Hinzman
Jeremy Dean Hinzman is the first American Iraq war resister/deserter to seek refugee status in Canada....
, an American soldier seeking asylum, should be allowed to remain in Canada, based on his pacifist religious beliefs. Former Member of Parliament Gerard Kennedy
Gerard Kennedy
Gerard Michael Kennedy is a Canadian politician in Ontario, Canada. He served as Ontario's Minister of Education from 2003 to 2006, when he resigned to make an unsuccessful bid for the leadership of the Liberal Party of Canada...
's Private Member's Bill on the issue of war resisters was defeated in late September.