Immigration law in Canada can be a daunting task to understand. It would certainly be difficult to condense all the concepts related to immigration into one article. In this article, we will discuss the basic overview of the common terms and different immigration-related laws in Canada. It will discuss what immigration is and who deals with it, common terminology, and the different programs available to immigration applicants.
What are Canada's Immigration Laws?
Canadian immigration and refugee law concerns the area of law relating to the admission of foreign nationals to Canada, their rights and responsibilities once admitted and the conditions of their removal. All the major laws that are related to these issues are established in the Immigration and Refugee Protection Act, whose main purpose includes family reunification, economic growth, and respect for humanitarian treaties.
The administration and decision-making of immigration law are entrusted to various entities, such as the Minister of Citizenship and Immigration, immigration officers, Citizenship and Immigration Canada, the Canada Border Services Agency. Canada and the Immigration and Refugee Board. They each have different responsibilities in the management of immigration, and it is through administrative law that Canadian courts hold these government agencies accountable. They ensure that government agencies act within their statutory powers, which include due process and procedural fairness.
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Different Terminologies used in various Immigration Laws
Following are some of the basic terms that are used in the Canadian immigration laws:
An immigrant is someone who moves to another country from their origin country. There is usually at least some intention for this movement to become long-term or permanent. Many times the individual can also come up to become a permanent resident or a citizen.
A citizen is defined in the Citizenship Act and is a person to whom certain rights are granted based on their status as a citizen. In general, becoming a citizen can be obtained either by birth or by naturalization. Some rights of citizens include the ability to enter, stay and leave Canada.
A permanent resident also has rights based on their permanent resident status, and are defined in the Immigration and Refugee Protection Act. A permanent resident is a person who obtained permanent resident status by immigrating to Canada, but who is not a Canadian citizen. Permanent residents are citizens of other countries. Unlike Canadian citizens, permanent residents can be deported for certain reasons.
Some laws refer to an immigrant or anyone from a foreign country as a foreigner. For example, it is mentioned in the Constitution Act, 1867 in subsection 91 (25), which is the section that gives Parliament powers in matters of immigration. However, in an everyday context, the use of the term “foreigner” can be contentious and can sometimes be seen as inappropriate.
Refugees can be classified as a certain immigrant type. They immigrate to another country because they have a well-founded fear of persecution in their country of origin for reasons of race, religion, nationality, membership of a particular social group, or political opinion.
Any person who is not a PR of Canada or a Canadian citizen is described as a foreign national.
A temporary resident is a person authorized to stay in Canada for a limited time and limited purposes. This can include temporary workers, students, and visitors.
Port of Entry:
This is a prescribed place where a person can seek to enter Canada, such as airports, land, or sea border crossings. Everyone is screened to determine if they are allowed to enter Canada. Reviews are generally carried out by the Canada Border Services Agency.
Irregular border crossing:
Irregular border crossing occurs when a person crosses the border at a location other than an official point of entry.
A visa is a government approval to show that a person has met the requirements for admission to Canada as a temporary resident. The Canadian visa is stamped in a person’s passport.
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What are Canada's Enabling Immigration Laws?
Immigration Act 1976:
The Immigration Act 1976, enacted by the Parliament of Canada, focused on who should be allowed to enter Canada rather than who should be excluded. The Act came into effect in 1978, with new immigration regulations, giving more power to the provinces to establish their immigration laws and define “prohibited categories” in much broader terms. People who could become a burden on social welfare or health services would now be denied entry, rather than specific categories of people, for example, those who identified as gay, disabled, etc.
Immigration and Refugees Protection Act (IRPA), 2002 replaced the Immigration Act, 1976.
Immigration and Refugees Protection Act (IRPA):
The main law relating to immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA), along with the Immigration and Refugee Protection Regulations and the Refugee Protection Regulations. passenger information. First introduced in 2002 to replace the old Immigration Act of 1976, the many changes made by IRPA included greater discretion for immigration officers when assessing applications.
Other relevant laws include the Citizenship Act and certain Criminal Code provisions relating to immigration and refugees.
Protecting Canada’s Immigration Act:
Canada’s Immigration System Protection Act (Bill C-31) was established in the hope of amending Canadian immigration and refugee law by addressing the number of “bogus refugees” and applicants from democracies of the European Union.
Safe Third Country Agreement:
Under this agreement, people that are not from Canada or the United States attempting to enter Canada at a legal border crossing seeking refugee status will be turned back.
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