Canadian immigration and refugee law deal with the specific area of criminal law relating to the admission of immigrants to Canada, their status and privileges once admitted, and their eventual removal. It is important to note that all laws are written by the government and have to be obeyed by the courts. As such, you should consult a lawyer who is familiar with the particular area of immigration and refugee law to determine what your obligations are.
The government reserves the right to remove certain individuals
The first thing to know about immigration and refugee law is that the government reserves the right to remove certain individuals from Canada for reasons of public policy. These reasons can range from security to health or public safety. For example, the government can remove an applicant with a valid financial reason for not returning to Canada, or an applicant with a valid health condition that may require them to be removed due to that condition. The same applies to refugees.
Immigration and refugee laws also have provisions for dealing with the removal of a foreign national to Canada who is in violation of the provisions of the Act. An example of this is the removal of a person who has overstayed his or her holiday visa. If the immigrant’s vacation visa has not been extended and he or she cannot return to Canada within the time period specified by the immigration and refugee law, the deportation order will be enforceable as a court order.
Measures to help immigrants become permanent residents through the immigration and refugee law
The most common reason to which Canadians seek refuge is immigration-related. As such, a number of measures are in place that helps an immigrant become a permanent resident of the country after they have been granted refugee status. While the government has specific laws to deal with this situation, anyone not meeting these measures may be subject to removal. A Canadian citizen who is unable to follow immigration law can ask the federal government for assistance or apply for a protection visa. The immigrants can get help from the immigration lawyer, in order to go through this process more easily.
Permanent residents and refugees who have been returned to their country of birth through either voluntary or involuntary means can request immigration status based on family reunification. In most cases, a Canadian immigration agency will consider the date of birth of the applicant first, in cases of family reunification. The date of birth is used as one factor in determining whether the applicant can successfully apply for immigration status. Similarly, if the applicant was born in a country that is not recognized by the United Nations, like Mexico for example, he or she will also not be eligible for refugee status.
No previous criminal offenses
When an immigrant is convicted of a criminal offense, his or her application for Canadian citizenship will be denied. For immigration and refugee law purposes, an immigrant who is convicted of an offense that results in the abuse of another person or the death of a Canadian citizen or permanent resident will be considered a criminal. The reasons for a deportation order vary by jurisdiction. However, in most cases, an immigrant who has served time in prison in two or more cases of crime will not be allowed to remain in Canada. This includes cases in which Canadian law enforcement agencies were not informed of the sentence, or if the sentence was life imprisonment or even life with parole.
In cases where an immigrant may have crossed the United States border with the intent of entering Canada or the United States, he or she will have to apply for refugee status in the United States before traveling abroad. Therefore, applicants must understand the differences between the two documents and how they are applied. If you are traveling outside of the country that you were born in, you may still be eligible for Canadian immigration and a Canadian passport but there will be differences with respect to obtaining asylum.
As an immigrant, you should know what is the IRPA. Although the two are similar, they have differences that only come about with judicial interpretations. The IRPA sets out the basic criteria for determining who should be eligible for refugee protection and what protection is available to members of the Canadian armed forces and their families.