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Difference between revisions of "Governing Legislation and Resources for Immigration Law (18:II)"
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Governing Legislation and Resources for Immigration Law (18:II) (view source)
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There are six general sources of immigration law and policy: the IRPA, the ''IRP Regulations'', the Manuals, the Operational Bulletins, the Ministerial Instructions, and case law. [http://laws-lois.justice.gc.ca/eng/const/page-15.html The Canadian Charter of Rights and Freedoms] is also applicable to immigration matters as the IRPA and ''IRP Regulations'' must be consistent with the ''Charter'' provisions. | There are six general sources of immigration law and policy: the IRPA, the ''IRP Regulations'', the Manuals, the Operational Bulletins, the Ministerial Instructions, and case law. [http://laws-lois.justice.gc.ca/eng/const/page-15.html The Canadian Charter of Rights and Freedoms] is also applicable to immigration matters as the IRPA and ''IRP Regulations'' must be consistent with the ''Charter'' provisions. | ||
=== 1. The Immigration and Refugee Protection Act and Regulations === | |||
The ''Immigration and Refugee Protection Act'' is the primary source and should be referenced first. However the IRPA is "framework" legislation, i.e. the provisions are general and principled. The ''IRP Regulations'' are more detailed than IRPA and give specific guidance to applicants. Case law in immigration law operates in the same manner as it does in other areas of the law. Case Law interprets the IRPA and the ''IRP Regulations''. The IRPA is a federal statute, and cases generally go to the Federal Court, the Federal Court of Appeal, and the Supreme Court of Canada. The Immigration and Refugee Board has jurisdiction to hear certain immigration matters (consisting of four separate devisions). | |||
The ''Immigration and Refugee Protection Act'', RSC 2001, c 27 ("IRPA") came into force June 28th, 2002, replacing the former ''Immigration Act of Canada'', 1976. It is important to note which legislation governs a matter. Refer to [http://laws.justice.gc.ca/eng/acts/i-2.5/page-28.html#h-92 Part 5] of IRPA and [http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/page-62.html#h-175 Part 20] of the ''Immigration and Refugee Protection Regulations, SOR/2002-227 (''"IRP Regulations"'') for the transitional rovisions if you may be subject to the old Act. | |||
'''Note:''' The key legislation in this area of law changes frequently. Make sure to check the most recent version of the [http://laws.justice.gc.ca/eng/acts/i-2.5/ IRPA] and [http://laws-lois.justice.gc.ca/eng/regulations/sor-2002-227/ Regulations], and to check the [http://www.cic.gc.ca/english/department/ IRCC website] for policy changes. | |||
'''Citizenship and Immigration Canada (CIC)''' | '''Citizenship and Immigration Canada (CIC)''' | ||
