Search this article on Google: “Understanding the Enforcement and Administration Provisions in Canada’s Immigration and Refugee Protection Act”
The Immigration and Refugee Protection Act (IRPA) is a key legislative document that sets guidelines for those within, entering, or seeking to enter Canada. It reinforces Canada’s commitment to upholding human rights and offering protection for refugees. At LexLords Canada Immigration Lawyers, our legal experts apply decades of combined experience to help individuals navigate this complex piece of legislation. In this article, we dissect the enforcement and administration provisions contained within the IRPA and discuss pertinent case laws and judgments that have further defined its implementation.
1. Detention and Removal
Section 55 of the IRPA gives the Canada Border Services Agency (CBSA) authority to detain non-citizens under certain circumstances. The subsequent sections 56-59 provide for review processes concerning the legality and continuation of detention.
Case law: In Charkaoui v. Canada (Citizenship and Immigration), 2007 SCC 9, the Supreme Court held that detention without adequate review violates section 7 of the Canadian Charter of Rights and Freedoms.
2. Exclusion Orders and Deportation
Sections 44-51 detail the process for issuing removal orders, including exclusion and deportation orders, against non-citizens deemed inadmissible.
1. Immigration Adjudication
The Immigration Division (ID) of the Immigration and Refugee Board is tasked with adjudicating immigration cases according to sections 163-169 of the IRPA.
Case law: In Hernandez Febles v. Canada (Citizenship and Immigration), 2012 SCC 64, the court held that a crime’s severity is a crucial factor when deciding whether a person is a ‘serious criminal’ and therefore ineligible for refugee protection.
2. Role of the Minister
The Minister plays a crucial role, managing several aspects of immigration enforcement and administration under various sections of IRPA.
Case law: In Khosa v. Canada (Citizen and Immigration), 2009 SCC 12, the Court maintained that the Minister’s decision could be judicially reviewed for reasonableness.
3. Judicial Review
Section 72 permits judicial review of any matter under the Act, with leave from the federal court.
Case law: In Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65, the Supreme Court redefined the standard of review in administrative law, thereby impacting judicial reviews in immigration matters as well.
The IRPA is a robust piece of legislation that manages Canada’s vast and nuanced immigration system. The enforcement and administrative provisions are instrumental in maintaining its integrity, which is further enforced by various case laws. Deciphering its intricacies requires legal expertise and a deep understanding of Canadian law. At LexLords Canada Immigration Lawyers, our team remains dedicated to helping our clients navigate these complexities for successful immigration outcomes.