Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the ''

Immigration and Refugee Protection Act The ''Immigration and Refugee Protection Act'' (''IRPA'') is an Act of the Parliament of Canada, administered by Immigration, Refugees and Citizenship Canada (IRCC) and Canada Border Services Agency (CBSA), that replaced the '' Immigration Act, ...

'', whose goals include economic growth,

family reunification Family reunification is a recognized reason for immigration in many countries because of the presence of one or more family members in a certain country, therefore, enables the rest of the divided family or only specific members of the family to e ...

, and compliance with humanitarian treaties.

Former legislation and policy

Canada has had laws and regulations governing the admission of immigrants since 1869, two years following

Confederation A confederation (also known as a confederacy or league) is a union of sovereign groups or states united for purposes of common action. Usually created by a treaty, confederations of states tend to be established for dealing with critical issu ...

. The following is a timeline of the former Canadian legal system, both federal and provincial, as it relates to immigration: * ''An Act to Regulate the Carrying of Passengers in Merchant Vessels'' (1828) — the first legislative recognition of

the Canadas The Canadas is the collective name for the provinces of Lower Canada and Upper Canada, two historical British colonies in present-day Canada. The two colonies were formed in 1791, when the British Parliament passed the '' Constitutional Act'', ...

' responsibility over the safety and well-being of migrants leaving the

British Isles The British Isles are a group of islands in the North Atlantic Ocean off the north-western coast of continental Europe, consisting of the islands of Great Britain, Ireland, the Isle of Man, the Inner and Outer Hebrides, the Northern Isles, ...

. It regulated the number of passengers that could be carried on a ship, determined the amount of space allocated to them, and required the provision of food and water for the voyage. * ''

Immigration Act, 1869 The Immigration Act, 1869 (also written as the Immigration Act of 1869; assented 22 June 1869) was the first immigration act passed by the Government of Canada after Canadian Confederation (1 July 1867). Background The British colonies of Can ...

'' — Canada’s first immigration policy following Confederation. It contained few restrictions on immigration, mainly focusing on ensuring the safety of immigrants enroute to Canada and protecting them from exploitation upon their arrival. * ''

Dominion Lands Act The ''Dominion Lands Act'' (long title: ''An Act Respecting the Public Lands of the Dominion'') was an 1872 Canadian law that aimed to encourage the settlement of the Canadian Prairies and to help prevent the area being claimed by the United Sta ...

'' (1872) — legislation that aimed to encourage the settlement of the

Canadian Prairies The Canadian Prairies (usually referred to as simply the Prairies in Canada) is a region in Western Canada. It includes the Canadian portion of the Great Plains and the Prairie Provinces, namely Alberta, Saskatchewan, and Manitoba. These provin ...

and to help prevent the area being claimed by the United States. The Act was closely based on the U.S. ''

Homestead Act of 1862 The Homestead Acts were several laws in the United States by which an applicant could acquire ownership of government land or the public domain, typically called a homestead. In all, more than of public land, or nearly 10 percent of th ...

'', setting conditions in which the western lands could be settled and their natural resources developed. * Royal Commission on Chinese Immigration (1885) — a royal commission appointed by the government in hopes to prove the need for the regulation of

Chinese Chinese can refer to: * Something related to China * Chinese people, people of Chinese nationality, citizenship, and/or ethnicity **''Zhonghua minzu'', the supra-ethnic concept of the Chinese nation ** List of ethnic groups in China, people of ...

immigration to Canada. The Commission recommended imposing a $10 duty on each Chinese person seeking entry into Canada. * ''Chinese Immigration Act, 1885'' (amendments in 1887, 1892, 1900, 1903) — Canada's first piece of legislation to prevent immigrants based on their ethnic origin, following a large influx of Chinese labourers to Canada in the 1880s. The Act imposed the now-infamous

Chinese head tax The Chinese Head Tax was a fixed fee charged to each Chinese person entering Canada. The head tax was first levied after the Canadian parliament passed the Chinese Immigration Act of 1885 and it was meant to discourage Chinese people from enterin ...

: a duty on every Chinese person seeking entry into Canada, beginning at $50 per person, increasing to $100 per person in 1900, and to $500 in 1903. * Royal Commission on Italian Immigration (1904-1905) — a royal commission appointed in 1904 to investigate the exploitation of

Italian Italian(s) may refer to: * Anything of, from, or related to the people of Italy over the centuries ** Italians, an ethnic group or simply a citizen of the Italian Republic or Italian Kingdom ** Italian language, a Romance language *** Regional Ita ...

labourers by employment brokers known as '' padroni''. The ''padroni'' recruited Italian workers for companies in Canada and oversaw their transport and employment upon arriving in Canada. The Commission focused its investigation on Antonio Cordasco, who chiefly recruited labourers for the Canadian Pacific Railway. * ''Immigration Act, 1906'' — a more restrictive immigration policy, expanding the categories of prohibited immigrants, formalizing a

deportation Deportation is the expulsion of a person or group of people from a place or country. The term ''expulsion'' is often used as a synonym for deportation, though expulsion is more often used in the context of international law, while deportation ...

process, and assigning the government enhanced powers to make arbitrary judgements on admission. *''Newfoundland Chinese Immigration Act'' (1906) — legislation in Newfoundland, still a British colony at the time, that introduced a $300

head tax A poll tax, also known as head tax or capitation, is a tax levied as a fixed sum on every liable individual (typically every adult), without reference to income or resources. Head taxes were important sources of revenue for many governments f ...

on Chinese immigrants. The head tax remained in effect until

Newfoundland and Labrador Newfoundland and Labrador (; french: Terre-Neuve-et-Labrador; frequently abbreviated as NL) is the easternmost provinces and territories of Canada, province of Canada, in the country's Atlantic Canada, Atlantic region. The province comprises t ...

joined Confederation in 1949. * Gentlemen’s Agreement (Hayashi–Lemieux Agreement; 1908) — an

agreement Agreement may refer to: Agreements between people and organizations * Gentlemen's agreement, not enforceable by law * Trade agreement, between countries * Consensus, a decision-making process * Contract, enforceable in a court of law ** Meeting o ...

between Canadian Minister of Labour

Rodolphe Lemieux Rodolphe Lemieux (November 1, 1866 – September 28, 1937) was a Canadian parliamentarian and long time Speaker of the House of Commons of Canada (1922–1930). Biography He was born in Montreal as the son of a Customs officer. After a c ...

and Japanese Foreign Minister

Tadasu Hayashi was a Japanese career diplomat and cabinet minister of Meiji-era Japan. Early life He was born Satō Shingoro in Sakura city, Shimōsa Province (present-day Chiba prefecture),Kowner, '' Historical Dictionary of the Russo-Japanese War'', ...

to restrict Japanese immigration to Canada. Under the agreement, the Japanese government voluntarily limited the number of Japanese immigrants yearly arriving in Canada to 400. Such restrictions were considered necessary following a recent influx of Japanese labourers in

British Columbia British Columbia (commonly abbreviated as BC) is the westernmost province of Canada, situated between the Pacific Ocean and the Rocky Mountains. It has a diverse geography, with rugged landscapes that include rocky coastlines, sandy beaches, ...

and a rise in anti-Asian sentiment in the province, particularly the

Pacific Coast race riots of 1907 The Pacific Coast race riots were a series of riots that took place within the United States and Canada. The riots, which resulted in violence, were the result of anti-Asian tension caused by white opposition to the increasing Asian population duri ...

. * Continuous journey regulation (1908) — a regulation requiring prospective immigrants to travel to Canada by "continuous journey" from the country of origin. This effectively blocked Indian immigration as there was no direct ship route between India and Canada at this time. * ''Immigration Act, 1910'' — legislation expanding the list of prohibited immigrants and providing the government with greater discretionary authority in regard to the admissibility and deportation of immigrants. It allowed for the prohibiting of immigrants determined to be "unsuited to the climate or requirements of Canada" *

Order-in-Council P.C. 1911-1324 Order-in-Council P.C. 1911-1324 was a proposed one-year prohibition of black immigrants entering Canada because, according to the order-in-council, “the Negro race” was “unsuitable to the climate and requirements of Canada.” It was tabled ...

(1911) — an

Order in Council An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...

banning "any immigrants belonging to the Negro race, which is deemed unsuitable to the climate and requirements of Canada." (The ban was not written into the ''Immigration Act''.) * ''Naturalization Act, 1914'' — legislation introducing more stringent requirements for naturalization in Canada, wherein approval for a certificate of naturalization required immigrants to live in Canada for 5 years, possess adequate knowledge of French or English, and exhibit good moral character. * ''Immigration Act, 1919'' — an amendment to the 1910 Immigration Act, providing more restrictive regulations in response to the postwar economic downturn, labour unrest, and increasing anti-foreign sentiment. Immigrants from

enemy alien In customary international law, an enemy alien is any native, citizen, denizen or subject of any foreign nation or government with which a domestic nation or government is in conflict and who is liable to be apprehended, restrained, secured and ...

countries were denied entry and the restricted categories of

political dissident A dissident is a person who actively challenges an established political or religious system, doctrine, belief, policy, or institution. In a religious context, the word has been used since the 18th century, and in the political sense since the 20th ...

s were expanded. The federal cabinet was also allowed to prohibit immigrants of any nationality, race, occupation and class because of their "peculiar customs, habits, modes of life and methods of holding property." * ''Empire Settlement Act, 1922'' — an agreement between the British government and several

commonwealth countries The Commonwealth of Nations is a voluntary association of 56 sovereign states. Most of them were British colonies or dependencies of those colonies. No one government in the Commonwealth exercises power over the others, as is the case in a p ...

designed to facilitate the resettlement of

agriculturalists An agriculturist, agriculturalist, agrologist, or agronomist (abbreviated as agr.), is a professional in the science, practice, and management of agriculture and agribusiness. It is a regulated profession in Canada, India, the Philippines, the U ...

farmworker A farmworker, farmhand or agricultural worker is someone employed for labor in agriculture. In labor law, the term "farmworker" is sometimes used more narrowly, applying only to a hired worker involved in agricultural production, including harv ...

s, and juvenile immigrants throughout the

Empire An empire is a "political unit" made up of several territories and peoples, "usually created by conquest, and divided between a dominant center and subordinate peripheries". The center of the empire (sometimes referred to as the metropole) ex ...

. * ''

Chinese Immigration Act, 1923 The Chinese Immigration Act, 1923, known today as the Chinese Exclusion Act (the duration of which has been dubbed the Exclusion Era), was an act passed by the government of Liberal Prime Minister William Lyon Mackenzie King, banning most forms o ...

'' — legislation virtually restricting all Chinese immigration to Canada. * Railway Agreement, 1925 — an agreement by the Government of Canada with the Canadian Pacific Railway and the Canadian National Railway permitting the companies to control the recruitment and settlement of European agriculturalists. The agreement was cancelled in 1930. * Order-in-Council P.C. 1931-695 (1931) — an order-in-council passed on 21 March 1931 allowing for the implementation of the tightest immigration admissions policy in Canadian history. * ''Canadian Citizenship Act'' (1947) — legislation creating the category Canadian citizenship and allowing for residents of Canada to obtain citizenship regardless of their country of origin. (Previously, individuals born in Canada and naturalized immigrants were classified as British subjects rather than Canadian citizens.) * ''Immigration Act, 1952'' — the first new Canadian immigration act since 1910, reinforcing the powers of the federal cabinet and investing the

Minister of Citizenship and Immigration The minister of immigration, refugees and citizenship (french: Ministre de l'immigration, des réfugiés et de la citoyenneté) is a minister of the Crown in the Canadian Cabinet. The minister is responsible for Immigration, Refugees and Citi ...

with broad discretionary powers over admissibility and deportation. * Immigration Regulations, Order-in-Council PC 1962-86 (1962) — regulations eliminating overt racial discrimination from Canadian immigration policy. * White Paper on Immigration (1966) — a policy document commissioned by the federal government to review immigration legislation and make recommendations on its restructuring. The White Paper suggested that Canada ought to focus on recruiting qualified immigrants and tighten the controls on sponsored immigration to avoid an influx of unskilled labourers. The report would lay the groundwork for new immigration regulations the following year. * Immigration Regulations, Order-in Council PC 1967-1616 (1967) — regulations establishing new standards for evaluating potential immigrants, through a point-based system. * ''Immigration Act, 1976'' — the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.

''Immigration Act, 1976''

The ''Immigration Act, 1976'', insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration. It focused on who should be allowed income a burden on social

welfare Welfare, or commonly social welfare, is a type of government support intended to ensure that members of a society can meet basic human needs such as food and shelter. Social security may either be synonymous with welfare, or refer specifical ...

or health services would now be refused entry, rather than specific categories of people, e.g., those who identified themselves as homosexual,

disabled Disability is the experience of any condition that makes it more difficult for a person to do certain activities or have equitable access within a given society. Disabilities may be cognitive, developmental, intellectual, mental, physical, ...

, and so on. Further, it created four new classes of immigrants who could come to Canada: refugees, families, assisted relatives, and independent immigrants. While independent immigrants had to take part in the points system, other classes did not have to take part in this test so long as they passed basic criminal, security, and health checks. The Act also created alternatives to

for less serious criminal or medical offences, since deportation meant the immigrant was barred from entering Canada for life. After 1978, the government could issue 12-month exclusion orders and a departure notice, if the cause for a person's removal was not serious, but in some cases, it could be severe. The enforcement team with the

Department of Citizenship and Immigration Canada Immigration, Refugees and Citizenship Canada (IRCC; french: Immigration, Réfugiés et Citoyenneté Canada)Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Departm ...

was responsible for enforcing the Act at border crossings with the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...

as well as checkpoints at international airports in Canada. The 1976 ''Immigration Act'' was replaced by the ''

'' (IRPA) in 2002.

Current enabling laws

''Immigration and Refugee Protection Act''

The primary statute regarding immigration and refugee law in Canada is the ''Immigration and Refugee Protection Act'' (IRPA), accompanied by the ''Immigration and Refugee Protection Regulations'' and ''Protection of Passenger Information Regulations''. First introduced in 2002 to replace the former ''Immigration Act'' of 1976, the many changes brought on by IRPA included broader discretion for immigration officers when evaluating applications. Other relevant legislation include the '' Citizenship Act'', and certain immigration and refugee-related provisions of the

Criminal Code A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that might ...

. Immigration detainees in Canada are held in Immigration Holding Centres (IHCs; French: ), under the auspices of the Canada Border Services Agency (CBSA). Immigration detainees may also be kept in provincial jails, either because the IHCs are full, there is no centres in their region, or the detainee's file has a link to criminality. Detainees can include:

asylum seeker An asylum seeker is a person who leaves their country of residence, enters another country and applies for asylum (i.e., international protection) in that other country. An asylum seeker is an immigrant who has been forcibly displaced and m ...

s without sufficient amount of necessary identification papers;

foreign workers Foreign workers or guest workers are people who work in a country other than one of which they are a citizen. Some foreign workers use a guest worker program in a country with more preferred job prospects than in their home country. Guest worke ...

whose visas had expired; and individuals awaiting deportation.Bureau, Brigitte. 10 November 2020.
Immigration detention centres emptied over fear of possible COVID-19 outbreaks
" ''CBC Investigates''. Montreal: CBC/Radio-Canada. Retrieved 2020 November 16.

''Protecting Canada's Immigration System Act''

The ''Protecting Canada's Immigration System Act'' (Bill C-31) was established in hopes of amending Canadian immigration and refugee law by addressing the number of "bogus refugees" and claimants from

European Union The European Union (EU) is a supranational political and economic union of member states that are located primarily in Europe. The union has a total area of and an estimated total population of about 447million. The EU has often been de ...

democracies.

Safe Third Country Agreement

Under the Canada–United States Safe Third Country Agreement (STCA), people from a country that is not Canada or the United States who attempt to enter Canada at a legal

border crossing Border control refers to measures taken by governments to monitor and regulate the movement of people, animals, and goods across land, air, and maritime borders. While border control is typically associated with international borders, it a ...

seeking refugee status will be turned back. There are 4 types of exceptions to the STCA: refugee claimants who have a family member in Canada;

unaccompanied minor An unaccompanied minor (sometimes "unaccompanied child" or "separated child") is a child without the presence of a legal guardian. The UN Committee on the Rights of the Child defines unaccompanied minors and unaccompanied children as those "who ...

s under the age of 18; individuals holding a valid Canadian visa; and those who have been charged with or convicted of an offence that could subject them to the death penalty in the United States or in a third country. The STCA also does not apply to claimants who entered Canada at a "location that is not a port of entry."

International laws

The Government of Canada is held to comply with the following

international law International law (also known as public international law and the law of nations) is the set of rules, norms, and standards generally recognized as binding between states. It establishes normative guidelines and a common conceptual framework for ...

s in relation to migration and refuge/asylum: *

United Nations Convention against Torture The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (commonly known as the United Nations Convention Against Torture (UNCAT)) is an international human rights treaty under the review of the United Nation ...

(CAT), signed in New York on December 1984. * Convention Relating to the Status of Refugees, signed in Geneva on 28 July 1951 **

Protocol Relating to the Status of Refugees The Protocol Relating to the Status of Refugees is a key treaty in international refugee law. It entered into force on 4 October 1967, and 146 countries are parties. The 1951 United Nations Convention Relating to the Status of Refugees restric ...

, signed in New York on 1 January 1967. *

Vienna Convention on Consular Relations en, Viennese , iso_code = AT-9 , registration_plate = W , postal_code_type = Postal code , postal_code = , timezone = CET , utc_offset = +1 , timezone_DST ...

— Article 36 requires that foreign nationals who are arrested or detained be given notice, "without delay," of their right to have their

embassy A diplomatic mission or foreign mission is a group of people from a state or organization present in another state to represent the sending state or organization officially in the receiving or host state. In practice, the phrase usually den ...

consulate A consulate is the office of a consul. A type of diplomatic mission, it is usually subordinate to the state's main representation in the capital of that foreign country (host state), usually an embassy (or, only between two Commonwealth c ...

notified of that arrest. *

Hague Adoption Convention The Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (or Hague Adoption Convention) is an international convention dealing with international adoption, child laundering, and child trafficking in ...

, signed 29 May 1993

Current laws regarding administration

Department of Citizenship and Immigration

The ''Department of Citizenship and Immigration Act'' established Canada's Department of Citizenship and Immigration (now known as Immigration, Refugees and Citizenship Canada), to be presided by the

. The ''Revolving Funds Act'' authorized the establishment of certain

revolving fund A revolving fund is a fund or account that remains available to finance an organization's continuing operations without any fiscal year limitation, because the organization replenishes the fund by repaying money used from the account. Revolving fu ...

s, including for the Minister of Citizenship and Immigration. Under the Act, the Minister is able to make expenditures out of the Consolidated Revenue Fund of Canada "for the purpose of passport and other travel document services in Canada and at posts abroad," as well as revenue received regarding that purpose.

Canada Border Services Agency

The ''Canada Border Services Agency Act'' established the Canada Border Services Agency (CBSA), which was created by

on 12 December 2003. The Act renders the CBSA responsible for providing integrated border services that support Canada's national security priorities and that facilitate the free flow of persons and goods (including plants and animals) that meet all requirements under the program legislation.Acts, Regulations and Other Regulatory Information
" ''Canada Border Services Agency''. 31 July 2020. Retrieved 7 October 2020. The Act also set out the responsibilities, mandate, powers, duties, and functions of the CBSA's President and of the Minister responsible for the Agency (

Minister of Public Safety and Emergency Preparedness The minister of public safety (french: ministre de la sécurité publique) is the minister of the Crown in the Canadian Cabinet responsible for overseeing Public Safety Canada, the internal security department of the Government of Canada. The p ...

Immigration and Refugee Board

Sections 151 through 186 of the ''

'' (IRPA) dictate the functions and composition of the

Immigration and Refugee Board of Canada Immigration is the international movement of people to a destination country of which they are not natives or where they do not possess citizenship in order to settle as permanent residents or naturalized citizens. Commuters, tourists, a ...

(IRB). The ''Immigration Division Rules'' (SOR/2002-229), pursuant to subsection 161(1) of IRPA, outlines the responsibilities of the IRB's Immigration Division, including those of admissibility hearings and detention reviews. The ''Immigration Appeal Division Rules'' (SOR/2002-230), sets out the rules for appealing immigration- related decisions (such as removal orders, inadmissibility, etc.) to IRB's Immigration Appeal Division. Likewise, the ''Refugee Appeal Division Rules'' (SOR/2012-257) sets out the rules for appealing refugee-related decisions to the Refugee Appeal Division.

International Boundary Commission

The ''International Boundary Commission Act'' provides the

International Boundary Commission The International Boundary Commission (french: Commission de la frontière internationale) is a bi-national organization responsible for surveying and mapping the Canada–United States border. The commission was created in 1908 and made permanen ...

(including its members, officers, employees, and agents) with certain powers for the purpose of maintaining an effective boundary line between Canada and the United States. This authority includes the Commission's ability to: * "enter on and pass over the land of any person in order to gain access to the boundary or to

survey Survey may refer to: Statistics and human research * Statistical survey, a method for collecting quantitative information about items in a population * Survey (human research), including opinion polls Spatial measurement * Surveying, the techniq ...

the boundary;" * "erect and maintain boundary monuments on the land of any person;" and * "clear from the land of any person such trees and underbrush as the Commission deems necessary to maintain a vista ten feet in width from the boundary."

Case law

* 1865. ''

Re Burley ''Re Burley'' (1865), 1 U.C.L.J. 34, was a decision on extradition by the Court of Common Pleas of Upper Canada. Though made two years before Confederation, the case has been cited by the Supreme Court of Canada in mobility rights and extradition ...

'' * 1985. '' Singh v Canada'' * 1991. '' Kindler v Canada (Minister of Justice)'' * 1991. Reference Re Ng Extradition * 1992. '' Canada (Minister of Employment and Immigration) v Chiarelli'' * 1992. '' Canadian Council of Churches v Canada (Minister of Employment and Immigration)'' * 1993. '' Canada (AG) v Ward'' * 1998. ''

Pushpanathan v Canada (Minister of Citizenship and Immigration) ''Pushpanathan v Canada (Minister of Citizenship and Immigration)'' is a leading decision of the Supreme Court of Canada on the standard of review in Canadian administrative law. The Court held that a decision of the Immigration and Refugee Board s ...

'' * 1999. ''

Baker v Canada (Minister of Citizenship and Immigration) ''Baker v Canada (Minister of Citizenship and Immigration)'',

999 999 or triple nine most often refers to: * 999 (emergency telephone number), a telephone number for the emergency services in several countries * 999 (number), an integer * AD 999, a year * 999 BC, a year Books * ''999'' (anthology) or ''999: T ...

2 SCR 817 is a leading Canadian administrative law decision of the Supreme Court of Canada. The Court provided guidance on the standard of judicial review of administrative decisi ...

'' * 2001. '' Law Society of British Columbia v Mangat'' * 2001. ''

United States v Burns ''United States v Burns'' 0011 S.C.R. 283, 2001 SCC 7, was a decision by the Supreme Court of Canada that found that extradition of individuals to countries in which they may face the death penalty is a breach of fundamental justice under secti ...

'' * 2002. ''

Ahani v Canada (Minister of Citizenship and Immigration) ''Ahani v Canada (Minister of Citizenship and Immigration)'' 0021 S.C.R. 72; 2002 SCC 2 is a significant decision of the Supreme Court of Canada in the areas of constitutional law and administrative law. It is a companion case to ''Suresh v. Canad ...

'' * 2002. '' Suresh v Canada (Minister of Citizenship and Immigration)'' * 2007. '' Charkaoui v Canada (Minister of Citizenship and Immigration)'' * 2005. '' Mugesera v Canada (Minister of Citizenship and Immigration)'' * 2006. '' Hinzman v Canada'', 2006 FC 420 — the case of Jeremy Hinzman * 2009. ''

Canada (Minister of Citizenship and Immigration) v Khosa ''Canada (Citizenship and Immigration) v. Khosa'', 2009 SCC 12, is a leading Supreme Court of Canada decision in Canadian administrative law. Facts Khosa was a citizen of India who immigrated to Canada with his family in 1996 at the age of 14. He ...

'' * 2010.

Jose Figueroa deportation case The Jose Figueroa deportation case began on 5 May 2010, when the Immigration Division of the Immigration and Refugee Board of Canada (IRB) issued a deportation order against Jose Luis Figueroa, who had entered Canada in 1997 as a refugee from El ...

Terminology

Most terminology relevant to immigration and refugee law in Canada are defined under the ''

'' (''IRPA'') and its accompanying regulations; such terms include: * Foreign national (French: ''étranger'') — "a person who is not a Canadian citizen or a permanent resident, and includes a

stateless person Stateless may refer to: Society * Anarchism, a political philosophy opposed to the institution of the state * Stateless communism, which Karl Marx predicted would be the final phase of communism * Stateless nation, a group of people without ...

." ** Designated foreign national (''étranger désigné'') — a foreign national who belongs to a group of persons who arrive in Canada together and are designated by the

to be an "irregular arrival" (i.e., have illegally entered Canada). s. 20.1. This can occur, for instance, if the Minister suspects that the persons were brought to Canada through

human smuggling People smuggling (also called human smuggling), under U.S. law, is "the facilitation, transportation, attempted transportation or illegal entry of a person or persons across an international border, in violation of one or more countries' laws, ei ...

trafficking Smuggling is the illegal transportation of objects, substances, information or people, such as out of a house or buildings, into a prison, or across an international border, in violation of applicable laws or other regulations. There are various ...

with the help of a criminal or terrorist organization. * Permanent resident (''résident permanent'') — "a person who has acquired permanent resident status and has not subsequently lost that status under section 46." A permanent resident has the right to live permanently in Canada, but can be ordered to leave Canada for reasons under ''IRPA''. *

Convention refugee Convention may refer to: * Convention (norm), a custom or tradition, a standard of presentation or conduct ** Treaty, an agreement in international law * Convention (meeting), meeting of a (usually large) group of individuals and/or companies in ...

s (United Nations definition) — "people who have a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group." (The UN's definition of a 'Convention refugee' has been adopted into Canadian law.) * Protected person — "a person on whom refugee protection is conferred ... and whose claim or application has not subsequently been deemed to be rejected under subsection 108(3), 109(3) or 114(4)" of ''IRPA''. s. 95(2). * Person in need of protection — "a person in Canada who would be subjected personally to a danger of torture, a risk to their life, or a risk of cruel and unusual treatment or punishment if they were returned to their home country." s. 97. * Removal order — an official order for a person to leave Canada. There are 3 types of removal orders: ** Exclusion order — a type of removal order in which the subject may not return to Canada for one year. If the reason for the exclusion order was "

misrepresentation In common law jurisdictions, a misrepresentation is a false or misleading '' R v Kylsant'' 931/ref> statement of fact made during negotiations by one party to another, the statement then inducing that other party to enter into a contract. The ...

," then the subject cannot return for 5 years. "Misrepresentation" refers to the providing of information that is not true or accurate, or the omission of required information. ** Departure order — a type of removal order in which the subject must leave Canada within 30 days, and must inform the Canada Border Services Agency (CBSA) when they leave. ** Deportation order — a type of removal order in which the subject may not return to Canada unless they have an received an "Authorization to Return to Canada," i.e., permission in writing from

Immigration, Refugees and Citizenship Canada Immigration, Refugees and Citizenship Canada (IRCC; french: Immigration, Réfugiés et Citoyenneté Canada)Immigration, Refugees and Citizenship Canada is the applied title under the Federal Identity Program since 2015; the legal title is Departm ...

Admission classes

Under Canadian policy, (legal) permanent immigrants are categorized by

(IRCC) as either of the following:2020 Annual Report to Parliament on Immigration
" Immigration, Refugees and Citizenship Canada. 2020 October 30. . # Family: persons closely related to one or more Canadian residents who live in Canada. The Family class allows permanent residents or citizens to sponsor a family member's or spouse's entrance into the country. In the case of a same-sex couple, if they are immigrating from a country where they cannot marry, proof of a long-term relationship is required. #

Economic An economy is an area of the production, distribution and trade, as well as consumption of goods and services. In general, it is defined as a social domain that emphasize the practices, discourses, and material expressions associated with the ...

skilled worker A skilled worker is any worker who has special skill, training, knowledge which they can then apply to their work. A skilled worker may have attended a college, university or technical school. Alternatively, a skilled worker may have learned thei ...

caregiver A caregiver or carer is a paid or unpaid member of a person's social network who helps them with activities of daily living. Since they have no specific professional training, they are often described as informal caregivers. Caregivers most commo ...

s, or business persons. The Economic class provides admission to applicants (and their immediate families) who are supposed to be likely to find employment and contribute to the Canadian economy. This is determined by ranking candidates against one another, and the weighing of factors such as education, language skills, and work experience. Some 60,000 come to Canada each year under the International Experience Canada initiative, which provides Working Holiday, internship, and study visas. # Protected person or Refugee: persons who are escaping persecution,

torture Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogational torture, interrogation for information, or intimidating third parties. definitions of tortur ...

, and/or cruel and unusual punishment. Any migrant can claim to be a refugee and it will be investigated. Claims for refugee status and for admissibility as well as appeals of the decisions of the immigration officers are directed to the

(IRB). The IRB is the largest tribunal in Canada and hears over 25,000 claims a year. Decision of the IRB can be appealed to the Federal Court, which hears about 2,500 appeals on immigration and refugee matters a year. # Humanitarian or other: persons accepted as immigrants for humanitarian or compassionate reasons. This category includes broadly-defined humanitarian and compassionate grounds such as specific hardships that applicants would face if they were to return to their home countries. Individuals must receive permission to apply.

Other relevant laws and systems

* Canadian Passport Order (1981) — superseded the ''Canadian Passport Regulations'' and established the Passport Office (later Passport Canada). As of 2 July 2013, primary responsibility for Passport Canada and the administration of the Canadian Passport Order moved from the Department of Foreign Affairs to IRCC. * ''Canadian Citizenship Act'' (1946) * ''Citizenship Act'' (1981) *

Private Sponsorship of Refugees Program The Private Sponsorship of Refugees Program (PSR) is a Canadian government initiative that allows for refugees to resettle in Canada with support and funding from private or joint government-private sponsorship. The government also offers semi-pri ...

Issues

The Parliament of Canada has previously debated whether to allow former U.S. war resisters, such as soldiers avoiding re-deployment to

Iraq Iraq,; ku, عێراق, translit=Êraq officially the Republic of Iraq, '; ku, کۆماری عێراق, translit=Komarî Êraq is a country in Western Asia. It is bordered by Turkey to the north, Iran to the east, the Persian Gulf and K ...

, to stay in Canada. In mid-2010, the

Federal Court of Appeal The Federal Court of Appeal (french: Cour d'appel fédérale) is a Canadian appellate court that hears cases concerning federal matters. History Section 101 of the Constitution Act, 1867 empowers the Parliament of Canada to establish "addit ...

ruled that Jeremy Hinzman, an American soldier seeking asylum, should be allowed to remain in Canada based on his pacifist religious beliefs. A Private Member's Bill on the issue of war resisters, by former

Member of Parliament A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...

Gerard Kennedy Gerard Michael Kennedy (born July 24, 1960) is a Canadian politician in Ontario, Canada. He served as Ontario's minister of Education from 2003 to 2006, when he resigned to make an unsuccessful bid for the leadership of the Liberal Party of Ca ...

, was defeated in late September. In June 2012, the Canadian government introduced a series of changes affecting the Interim Federal Health Program which covers refugee health care. Some have taken issue with the Canada–United States Safe Third Country Agreement (STCA), which prevents people from a country that is not Canada or the US who attempt to enter Canada at a legal

seeking refugee status will be turned back, but processes the claims of those who arrive illegally. Moreover, some refugee advocates have argued for rescinding the STCA.