IMMIGRATION & REFUGEE PROTECTION ACT Part I: Immigration to Canada Divisions 1-9

Division 1: Requirements Before Entering/Selection Division 1: Requirements Before Entering/Selection (ss ) Division 2: Examination (ss ) Division 3: Entering and Remaining in Canada Division 3: Entering and Remaining in Canada Division 3: Entering and Remaining in Canada (ss ) Division 4: Inadmissibility Division 4: Inadmissibility (ss ) Division 5: Loss of Status and Removal Division 5: Loss of Status and Removal (ss ) Division 6: Detention & Release Division 6: Detention & Release Division 6: Detention & Release (ss ) Division 7: Right of Appeal Division 7: Right of Appeal Division 7: Right of Appeal (ss ) Division 8: Judicial Review Division 8: Judicial Review (ss )

Framework Legislation Structural division into immigration and refugee protection Structural division into immigration and refugee protection Codification of existing practice Codification of existing practice Transfer of provisions formerly in statute to regulation Transfer of provisions formerly in statute to regulation Increased role for provinces Increased role for provinces Reduced access to appeal/judicial review of immigration decisions Reduced access to appeal/judicial review of immigration decisions

s. 3 Objectives – immigration: (e) to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society (j) to work in cooperation with the provinces to secure better recognition of the foreign credentials of permanent residents and their more rapid integration into society

Objectives - Refugees Themes: international legal obligations international legal obligations Canada’s humanitarian ideals Canada’s humanitarian ideals Health/safety/security of Canadians Health/safety/security of Canadians Fairness of process (to claimants) Fairness of process (to claimants) Integrity of process (for Canada) Integrity of process (for Canada) Social/economic self-sufficiency and family reunification Social/economic self-sufficiency and family reunification

Application This Act is to be construed and applied in a manner that (d) ensures that decisions taken under this Act are consistent with the Canadian Charter of Rights and Freedoms, including its principles of equality and freedom from discrimination and of the equality of English and French as the official languages of Canada (f) complies with international human rights instruments to which Canada is a signatory

Delegation of Authority s. 6 Minister may delegate anything to officers except signing a security/criminality certificate (s. 77), or making an exception to inadmissibility on grounds that admission would not be detrimental to the national interest (ss. 34(2), 35(2), 37(2)(a)). Agreements s. 9: Where federal-provincial agreement establishes provincial financial criteria for sponsors and appeal mechanism for refused sponsorship applications, no right of appeal (except H&C) under IRPA

Division 1: Requirements Before Entering/Selection Selection of Permanent Residents s. 12(1) Family class Family class Economic class Economic class Convention refugee or person in similar circumstances Convention refugee or person in similar circumstances

Documents Required Official identity documents required to obtain permanent resident visa (s. 50) Official identity documents required to obtain permanent resident visa (s. 50) Alternative documents acceptable if they constitute “credible evidence of the applicant’s identity” (s. 178) Alternative documents acceptable if they constitute “credible evidence of the applicant’s identity” (s. 178)

Division 3: Entering and Remaining in Canada Canadian citizen and “Indian under the Indian Act” has the right to enter and remain in Canada (s. 19) Canadian citizen and “Indian under the Indian Act” has the right to enter and remain in Canada (s. 19) Dual intent no longer barrier to becoming temporary resident; issue is whether person will leave Canada at end of period authorized by temporary resident status (s. 22) Dual intent no longer barrier to becoming temporary resident; issue is whether person will leave Canada at end of period authorized by temporary resident status (s. 22) 30 day limitation for applying to restore temporary resident status after expiry of status 30 day limitation for applying to restore temporary resident status after expiry of status application for renewal of work/study permit must occur prior to expiry of existing permit (ss. 18, 19, 21) application for renewal of work/study permit must occur prior to expiry of existing permit (ss. 18, 19, 21)

Humanitarian & Compassionate Consideration (s.25) Ministerial exemption from criteria for permanent residence “or any applicable criteria or obligation of this Act” on H&C shall take into account best interests of child directly affected, or by public policy considerations

Residency Obligation (s. 28) Permanent resident must be physically present in Canada for ≥ 730 days out of every five-year period unless Permanent resident must be physically present in Canada for ≥ 730 days out of every five-year period unless Outside Canada with citizen spouse/common-law partner or parentOutside Canada with citizen spouse/common-law partner or parent Outside Canada employed full-time or accompanying full-time employee of Canadian business or federal/provincial public serviceOutside Canada employed full-time or accompanying full-time employee of Canadian business or federal/provincial public service Officer has H&C discretion to overcome breach of residency obligation Officer has H&C discretion to overcome breach of residency obligation

Access to Education (s. 30) Minor child of permanent resident or temporary resident on work/study permit is authorized to study at pre-school, primary or secondary level Minor child of permanent resident or temporary resident on work/study permit is authorized to study at pre-school, primary or secondary level

Status Document (s. 31)  All permanent residents and protected persons shall be issued with status document  Person who possesses document is presumed to have status indicated; person outside Canada without permanent resident card presumed not to have permanent resident status

Permanent residents outside Canada without document may apply for and obtain travel document if officer satisfied that Permanent residents outside Canada without document may apply for and obtain travel document if officer satisfied that they may have met residency obligationthey may have met residency obligation H&C considerations apply, orH&C considerations apply, or they were in Canada during past year and are appealing adverse determination on permanent resident status before IADthey were in Canada during past year and are appealing adverse determination on permanent resident status before IAD

S. 52: Permanent resident cards issued for 5 years unless permanent resident is subject of s. 44(1) inadmissibility report or is subject to process removing permanent resident status owing to failure to meet residency obligation S. 52: Permanent resident cards issued for 5 years unless permanent resident is subject of s. 44(1) inadmissibility report or is subject to process removing permanent resident status owing to failure to meet residency obligation