Difference between revisions of "Governing Legislation and Resources for Immigration Law (18:II)"

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.

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 the IRPA and give specific guidance to applicants.  Case law in immigration law operates in the same manner as it does in other areas of 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 divisions).