Navigating immigration law can be a daunting task due to its intrinsic complexity. The Immigration and Refugee Protection Act (IRPA), which governs immigration and refugee affairs in Canada has numerous provisions that could be overwhelming for prospective immigrants or refugees. At LexLords Canada Immigration Lawyers, we strive to dissect these complexities and provide clear and concise insights to deepen your understanding of Canadian law.
Understanding the IRPA
The IRPA carries the mandate of the Canadian government to control and manage the entry, stay, and removal of non-Canadians through an effective and organized system. Under this law, every non-Canadian seeking to enter or stay in Canada must comply with its stringent provisions.
1. Admissibility: This is a fundamental provision under the IRPA. Section 34-42 outlines who may be considered inadmissible to Canada due to reasons such as security risks, human rights violation, criminality, medical grounds, etc.
2. Application for Permanent Residence: Section 11 states that a foreign national must apply for permanent residence before entering Canada except in cases provided under the regulations.
3. Refugee Protection: Sections 96-98 recognize refugees and persons in need of protection. Persons recognized under these provisions may apply for refugee protection from inside or outside Canada.
Case Laws and Judgments
Understanding legal principles becomes easier when we look at some decisions on these provisions.
1. Medovarski v. Canada (Minister of Citizenship and Immigration), 2005 SCC 51 – This landmark ruling upheld Section 64 of the IRPA which restricts appeal rights for overseas immigrants who are found inadmissible on serious criminality grounds. The Supreme Court held that it did not infringe on immigrants’ right to liberty and security.
2. Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12 – In this case, the Supreme Court established a broader standard of review over decisions of the Immigration Appeal Division (IAD). The Court confirmed that deference should be given to specialists like those in IAD, interpreting and applying provisions of the IRPA.
3. B010 v. Canada (Citizenship and Immigration), 2015 SCC 58 – This case interprets crucial provisions concerning human smuggling under the IRPA. The Supreme Court concluded that these provisions only apply to those involved in the organized criminal activity of smuggling and not to those merely seeking refuge.
Remaining in Canada
Once in Canada, a foreign national can become a permanent resident under numerous programs such as the Federal Skilled Worker Program, Provincial Nominee Program, etc. However, any violation of the IRPA may result in the removal from Canada.
The IRPA provides a process for reviewing inadmissibility claims. Legal counsel may help present arguments and evidence in favor of clients.
Understanding the IRPA and navigating the complexities of immigration law can be challenging, but with experienced counsel at LexLords Canada Immigration Lawyers, prospective immigrants or refugees can better understand their rights and responsibilities. As you plan your future in Canada, familiarize yourself with the city’s laws and regulations to ensure a smooth transition into Canadian life.