What are the key elements and processes involved in Canadian immigration law?

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Title: An Insight into Key Elements and Processes in Canadian Immigration Law: A Perspective from LexLords Canada Immigration Lawyers

Canada, known for its tolerant and multicultural society, attracts many people from across the globe. The country’s immigration policies are dynamic and constantly evolving. At LexLords Canada Immigration Lawyers, we have the expertise to navigate through these complicated laws and we thrive on disseminating our knowledge to potential immigrants. This article will delve into the key elements and processes involved in Canadian immigration law.

1. Immigration and Refugee Protection Act (IRPA)

The foundational framework of Canadian immigration law is based around the Immigration and Refugee Protection Act (IRPA). Implemented in 2002, IRPA covers all aspects of immigration including the various categories of immigrants, procedures for admission, detention and removal of foreign nationals etc.

One pertinent case in the light of IRPA is that of Agraira v. Canada (Public Safety and Emergency Preparedness) [2013] 2 SCR 559, where the Supreme Court of Canada elaborated on the concept of national interest – a widely used term under the IRPA.

2. Different Categories of Immigrants

Canadian immigration law divides immigrants into three main categories: economic immigrants, family-class immigrants, and refugees. Economic immigrants include skilled workers, business immigrants, and provincial nominees. Family-class immigrants are sponsored by close relatives already residing in Canada. Refugees are those fleeing persecution, torture, or cruel treatment.

3. Point-based System

Canada’s point-based system for economic immigrants is another unique aspect. As outlined in the Federal Skilled Workers Program, points are awarded based on age, education, work experience, language proficiency, adaptability and job offer.

4. Application Process

Typically, the application process involves submission of the application along with supporting documents, payment of fees followed by a thorough assessment by Immigration, Refugees and Citizenship Canada (IRCC). If approved, an immigrant visa/confirmation of permanent resident status is issued.

5. Admissibility

IRCC has stringent criteria to determine admissibility into Canada. Grounds for inadmissibility include criminality, health grounds, misrepresentation or violation of IRPA. In Chieu v Canada (Minister of Citizenship and Immigration) [2002] 1 SCR 84, the Supreme Court discussed admissibility and stipulated that any form of misrepresentation could lead to denial of admission.

6. Refugee Law

In recent years, refugee law has become a significant part of Canadian immigration law spurred by global crises and conflicts.

In a landmark decision in Singh v. Minister of Employment and Immigration [1985] 1 S.C.R. , the Supreme Court concluded that refugee claimants in Canada have a right to an oral hearing as per Canadian Charter of Rights and Freedoms.

7. Appeals and Judicial Reviews

If an application is refused, there are several avenues available for review. These include administrative tribunals like the Immigration Appeal Division or judicial review by Federal Court.

Conclusion

Navigating through Canadian immigration law can be a complex journey given its dynamic nature – the significance of having competent legal support cannot be overstated. At LexLords Canada Immigration Lawyers, we remain dedicated to helping our clients understand the nuances involved ensuring a smoother transition into their new home.

Remember that every case is different, guided by its own unique circumstances. Therefore, while we have provided general insight into Canadian immigration law here, specific legal advice should always be sought in all immigration matters.