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Canada’s Immigration and Refugee Protection Act (IRPA) was enacted in 2002 to govern individuals wishing to enter or remain in Canada. This detailed legislation presents a series of provisions that cover the immigration process, determine who is eligible for entry, and outline what is required from prospective immigrants. The law firm LexLords Canada Immigration Lawyers, a team of legal experts specializing in immigration law, offer a comprehensive overview of the key elements in this act.
Understanding the IRPA
The IRPA lays out the fundamental objectives and principles underlining Canada’s immigration policy. As per the provisions of the IRPA, the policy aims to enhance Canada’s social and economic growth, reuniting families, protecting refugees, and promoting Canada’s values of humanitarian actions globally.
The Act outlines categories of permissible entry into Canada: Family Class (spouses, partners, children, parents, or grandparents of Canadian citizens or permanent residents); Economic Class (skilled workers, business immigrants); and Refugee Class (those escaping persecution, war or cruel and unusual treatment or punishment).
Inadmissibility provision is one of the key areas that immigration lawyers often grapple with. Section 34-42 of the IRPA set out grounds for inadmissibility, including security reasons, human or international rights violations, serious criminality, health or financial reasons.
Case law: In the Harkat case [2014 SCC 37], it was ruled that non-citizens can be deported on national security grounds as per section 34. The Supreme Court upheld the reasonability of security certificates under IRPA in this case.
2. Detention and Removal
Sections 55-58 provide for detention and removal of foreign nationals on various grounds such as failure to appear for examination or hearing or being a threat to public safety.
Case law: In the Charkaoui case [2007 SCC 9], the Supreme Court held that detention provisions must comply with the Charter of Rights and Freedoms and that indefinite detention was not constitutionally acceptable.
3. Refugee Protection
The IRPA identifies refugees as persons needing protection. It has provisions for the refugees, including claims, determination, and appeal. The Act also covers in-depth topics like protected temporary residents and refugee protection removal orders.
Case law: In the Singh case [1985 1 SCR 177], the Supreme Court ruled that refugee claimants are entitled to an oral hearing under section 7 of the Charter.
4. Sponsorship and Family Class Applications
Sections 130-133 provide for sponsorship of family class members. The Act emphasizes the importance of family reunification in Canadian immigration policy. It outlines eligibility requirements for sponsors and sponsored family members.
Case law: Kanthasamy v. Canada [2015 SCC 61] particularized “humanitarian and compassionate considerations” in assessing these applications, stating individual circumstances should be thoroughly considered beyond rigid rules.
5. Appeals and Judicial Review
The IRPA also provides for appeals and judicial review against immigration decisions. This includes appeals before the Immigration Appeal Division (IAD) and decisions subject to review by the Federal Court.
Case law: In Vavilov [2019 SCC 65], it was ruled that standard ‘reasonableness review’ applies to IRPA decisions excluding those prescribed by law.
The Immigration and Refugee Protection Act forms the backbone of Canadian immigration law. Its intricate provisions touch on every aspect of immigration policy, underscoring Canada’s commitment to diversity, inclusion, and human rights. Legal experts like LexLords Canada Immigration Lawyers play a pivotal role in guiding individuals through these complexities ensuring a fair immigration process guided by principles of justice, equity, and respect for human dignity.