Immigration and Refugee Protection Act
- Immigration and Refugee Protection Act
Immigration and Refugee Protection Act (IRPA) is an Act of the Parliament of Canada, passed in 2001 as Bill C-11, which replaced the Immigration Act of 1976 as the primary federal legislation regulating Immigration to Canada.
The IRPA, for the most part, came into force on June 28, 2002. Controversially, the Government failed to implement a component of the legislation that would have implemented a Refugee Appeal Division as part of Canada's immigration system.
IRPA creates a high level framework detailing the goals and guidelines the Canadian government has set with regards to immigration into Canada by foreign residents. The Immigration and Refugee Protection Regulations (IRPR) contain the laws created to fit within the IRPA in order to specify how the IRPA is to be applied.
Constitutionality
In the 2007 case of "Charkaoui v. Canada (Citizenship and Immigration)" (2007). Chief Justice McLachlin of the Supreme Court of Canada held that certain aspects of the scheme contained within the "IRPA" for the detention of permanent residents and foreign nationals on the grounds of national security violates s7 of the "Canadian Charter of Rights and Freedoms" by "allowing the issuance of a certificate of inadmissibility based on secret material without providing for an independent agent at the stage of judicial review to better protect the named person’s interests." She also concluded that "some of the time limits in the provisions for continuing detention of a foreign national violate ss. 9 and 10(c) [of the "Charter"] because they are arbitrary."
ee also
* Canadian Immigration and Refugee Law
External links
* [http://laws.justice.gc.ca/en/i-2.5/245769.html Text of Act]
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