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

{{REVIEWED LSLAP | date= July 29, 2022}}

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).

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 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.