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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)
Revision as of 23:12, 14 October 2022
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{{REVIEWED LSLAP | date= July 29, 2022, 2022}} | |||
{{REVIEWED LSLAP | date= July | |||
{{LSLAP Manual TOC|expanded = immigration}} | {{LSLAP Manual TOC|expanded = immigration}} | ||
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The Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”) came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”) for the transitional provisions if you may be subject to the old Act. | The Immigration and Refugee Protection Act, RSC 2001, c 27 (“IRPA”) came into force on June 28, 2002, replacing the former Immigration Act of Canada, 1976. It is important to note which legislation governs a matter. Refer to Part 5 of the IRPA and Part 20 of the Immigration and Refugee Protection Regulations, SOR/2002-227 (“IRP Regulations”) for the transitional provisions 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 IRPA and Regulations, and to check the IRCC website for policy changes. | :'''NOTE:''' The key legislation in this area of law changes frequently. Make sure to check the most recent version of the IRPA and Regulations, and to check the IRCC website for policy changes. | ||
=== 2. Operational Manuals and Bulletins === | === 2. Operational Manuals and Bulletins === | ||
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Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals. | Operational Manuals are drafted by IRCC and provide details on interpretation of the IRPA and IRP Regulations. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by IRCC that have not yet been incorporated into the Manuals. | ||
'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances. | :'''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the IRP Regulations. Cases that do not fit the factors listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity to argue the legal case due to the limited and narrow appeals and review options, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances. | ||
=== 3. Ministerial Instructions === | === 3. Ministerial Instructions === | ||