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Title: Understanding Your Rights and Protections Under the Immigration and Refugee Protection Act: A Focus on Divisions 7 – 9
The Immigration and Refugee Protection Act (IRPA) of Canada is legislation designed to provide protection to individuals who are forced to flee their homeland due to well-founded fears of persecution. It also governs the procedures for selecting immigrants who will contribute to Canada’s economic success. This article delves into Divisions 7 – 9 of this act, shedding light on complex legal issues that these divisions pertain to, with expert insights from LexLords Canada Immigration Lawyers.
Division 7: Loss of Status, Inadmissibility, and Removal
Division 7 of IRPA deals with loss of status, inadmissibility, and removal from Canada. It prescribes when immigrants become ineligible for status (section 40-42) and sets out the process for determining inadmissibility and issuing removal orders under sections 44-49.
In the case of “R v Pham, 2013 SCC 15,” the Supreme Court of Canada held that immigrants who are facing removal due to serious criminality should have their sentence reviewed. If their sentences could be reduced below six months, they should not be classified as ‘inadmissible’ under section 36(1).
Another significant case law is “Medovarski v Canada,  2 S.C.R. 539,” where it was held that a person’s right to appeal could be denied if they are found inadmissible on the grounds of serious criminality or national security.
Division 8: Enforcement
The enforcement division under IRPA (sections 50-53) provides legislative authority to immigration officers to arrest and detain individuals believed not to appear for examination, hearing, or removal from Canada.
In “Charkaoui v Canada (Citizenship and Immigration), 2007 SCC 9,” the Supreme Court of Canada held that sections 9 and 10 of the Charter, which protect against arbitrary detention and guarantee habeas corpus rights, respectively, apply to non-citizens. This case’s decision forced the government to revise its policy on detaining immigrants and refugees.
Division 9: Reviews and Appeals
Division 9 (sections 57-71) creates a right for foreign nationals, permanent residents, or sponsors to appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board against an order or decision made under IRPA. It also grants IAD the power to stay, cancel, or quash orders or decisions appealed before them.
In “Vavilov v Canada (Citizenship and Immigration), 2019 SCC 65,” the Supreme Court set out new standards for judicial review of IRPA matters. While it didn’t directly deal with IRPA, it changed the standard of review from ‘reasonableness’ to ‘correctness’ in immigration proceedings.
The scope and complexity of rules under the IRPA potentially affect thousands of refugees and immigrants in Canada. Understanding your rights and protections under this act can assist in navigating the Canadian immigration and refugee process more effectively. However, the interpretation and application of these rules often require legal advice or representation. Hence reaching out to experienced law firms like LexLords Canada Immigration Lawyers can be beneficial for immigrants and refugees dealing with issues related to IRPA.
Disclaimer: This article is designed for informational purposes only and should not be interpreted as legal advice. For specific immigration-related guidance, please contact a legal professional.