Difference between revisions of "Categories of Persons under the Immigration and Refugee Protection Regulations (18:IV)"

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A permanent resident (historically called a “landed immigrant”) is a person who has been granted permanent admission as an immigrant, but who  has not become a Canadian citizen. Under IRPA section 2, “permanent resident” means a person who has acquired permanent resident status and has not subsequently lost that status under section 46.  
A permanent resident (historically called a “landed immigrant”) is a person who has been granted permanent admission as an immigrant, but who  has not become a Canadian citizen. Under IRPA section 2, “permanent resident” means a person who has acquired permanent resident status and has not subsequently lost that status under section 46.  


Permanent residents have the same rights as Canadian citizens, with a few exceptions. One important exception is that a permanent resident can be removed from Canada under certain circumstances, most notably, for having committed a serious criminal offence or for not fulfilling their “residency requirements” (see below).
Permanent residents have the same rights as Canadian citizens, with a few exceptions. One important exception is that permanent residents cannot vote. Another important exception is that a permanent resident can be removed from Canada under certain circumstances, most notably, for having committed a serious criminal offence or for not fulfilling their “residency requirements” (see below).


== C. Foreign National ==
== C. Foreign National ==
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A Convention refugee claimant is a foreign national who enters Canada and who requests protection but who has not yet had their refugee hearing. Canada is obligated to grant protection to refugees and other persons in need of protection under the IRPA; the obligation originates from various United Nation Conventions and Treaties.   
A Convention refugee claimant is a foreign national who enters Canada and who requests protection but who has not yet had their refugee hearing. Canada is obligated to grant protection to refugees and other persons in need of protection under the IRPA; the obligation originates from various United Nation Conventions and Treaties.   


Foreign nationals who enter “irregularly” in a group (2 or more persons), or whose identities cannot be determined in a timely manner, may be designated by the Minister as '''“designated foreign nationals.”''' Designated foreign nationals are subject to mandatory detention, do not have a  right of appeal to the RAD, and must wait at least 5 years before applying for permanent residence in Canada, even if their claim is accepted.
Details of the Convention refugee process are outlined in [[Immigration and Refugee Board (18:VI)#F. Convention Refugees | Section VI.F: Convention Refugees]].


Details of the Convention refugee process are outlined in [[Immigration and Refugee Board (18:VI)#F. Convention Refugees | Section VI.F: Convention Refugees]].




{{REVIEWED LSLAP | date= July 1, 2019}}
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