Understanding Your Rights and Protections under Key Divisions of the Immigration and Refugee Protection Act: A Deep Dive into Divisions 7, 8 and 9
In providing our readers with insights from years of experience, our legal experts from LexLords Canada Immigration Lawyers will dissect complex legal issues under three key divisions of the Immigration and Refugee Protection Act (IRPA). To deepen your understanding of Canadian law, we will take an in-depth look into Divisions 7, 8, and 9 of the IRPA, focusing on your rights and protections.
Division 7 – Procedures for Examination
This division outlines the procedures for examining foreign nationals who want to enter Canada. It includes how to conduct examinations and what powers the officers have during these examinations.
- Section 139: It stipulates that every foreign national who is seeking entry into Canada must appear for an examination.
- Section 140: It grants officers the power to detain foreign nationals if there are reasonable grounds to believe that they pose a threat to public safety.
A case that highlights this division is Canada (Public Safety and Emergency Preparedness) v. Lunyamila, where the Appellant, a foreign national, was initially detained on grounds of failing to appear for an examination. The court ruled in favor of the appellant and reinforced the principle that detention should be the last resort.
Division 8 – Detention and Release
This division outlines the requirements and procedures for detaining and releasing foreign nationals under the IRPA.
- Section 144: It authorizes the detention of a foreign national on various grounds, including danger to national security, violation of human or international rights, or involvement in serious criminality.
- Section 146: It sets out the conditions for the release of a detained foreign national.
- Section 147: It stipulates the requirements for review of detention.
In the landmark case of Chaudhary v. Canada (Public Safety and Emergency Preparedness), the court ruled that the prolonged detention of a foreign national was a violation of their rights under the Charter of Rights and Freedoms. This ruling provided a deterrent against undue delays in immigration proceedings.
Division 9 – Inadmissibility
This division outlines the categories of foreign nationals who are inadmissible to Canada. It discusses reasons for inadmissibility and how these cases are handled.
- Section 148: It provides a list of reasons for which a foreign national may be found inadmissible, such as security reasons, human or international rights violations, and criminality.
- Section 149: It specifies circumstances under which the Immigration Division may determine that a permanent resident or foreign national is inadmissible to Canada.
- Section 150: It establishes the procedures for holding inquiries into allegations of inadmissibility.
The case of Hinzman v. Canada (Citizenship and Immigration) serves as an example of Section 148. In this case, the applicant was found inadmissible due to desertion from the US military, thus violating the standard section 148 criteria. The court denied refugee status to the claimant, emphasizing that being inadmissible for security reasons should be based on threats to Canada’s national security.
Understanding your rights and protections under these divisions is crucial while navigating the Canadian immigration system. The legal experts at LexLords Canada Immigration Lawyers are always ready to provide detailed explanations and professional service to address your concerns.
Remember, knowledge is power. Knowing your rights can make all the difference in your immigration journey.