Канада иммиграция және босқындар құқығы

the Canadian legal system regarding migration and refuge/asylum

Canadian immigration and refugee law concerns the area of law related to the admission of foreign nationals into Canada, their rights and responsibilities once admitted, and the conditions of their removal. The primary law on these matters is in the Immigration and Refugee Protection Act, whose goals include economic growth, family reunification, and compliance with humanitarian treaties. As a result of the 1991 Canada Quebec Accord, Quebec gained full selection process for economic migrants within the province's borders. As of 2023, between 50 and 60 percent of permanent residents born abroad are chosen by Quebec authorities, with the national government selecting the rest.

The Immigration Act, 1976, insured by the Parliament of Canada, was the first immigration legislation to clearly outline the objectives of Canadian immigration policy, define refugees as a distinct class of immigrants, and mandate the Canadian government to consult with other levels of government in the planning and management of immigration.

The primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act (IRPA), accompanied by the Immigration and Refugee Protection Regulations and Protection of Passenger Information Regulations. First introduced in 2002 to replace the former Immigration Act of 1976, the many changes brought on by IRPA included broader discretion for immigration officers when evaluating applications. Other relevant legislation include the Citizenship Act, and certain immigration and refugee related provisions of the Criminal Code. Immigration detainees in Canada are held in Immigration Holding Centres (IHCs; French: Le centre de surveillance de l'immigration), under the auspices of the Canada Border Services Agency (CBSA). Immigration detainees may also be kept in provincial jails, either because the IHCs are full, there is no centres in their region, or the detainee's file has a link to criminality. Detainees can include: asylum seekers without sufficient amount of necessary identification papers; foreign workers whose visas had expired; and individuals awaiting deportation.

The Protecting Canada's Immigration System Act (Bill C 31) was established in hopes of amending Canadian immigration and refugee law by addressing the number of "bogus refugees" and claimants from European Union democracies.

Under the Canada–United States Safe Third Country Agreement (STCA), people from a country that is not Canada or the United States who attempt to enter Canada at a legal border crossing seeking refugee status will be turned back. There are 4 types of exceptions to the STCA: refugee claimants who have a family member in Canada; unaccompanied minors under the age of 18; individuals holding a valid Canadian visa; and those who have been charged with or convicted of an offence that could subject them to the death penalty in the United States or in a third country. The STCA also does not apply to claimants who entered Canada at a "location that is not a port of entry."

The Department of Citizenship and Immigration Act established Canada's Department of Citizenship and Immigration (now known as Immigration, Refugees and Citizenship Canada), to be presided by the Minister of Citizenship and Immigration. The Revolving Funds Act authorized the establishment of certain revolving funds, including for the Minister of Citizenship and Immigration. Under the Act, the Minister is able to make expenditures out of the Consolidated Revenue Fund of Canada "for the purpose of passport and other travel document services in Canada and at posts abroad," as well as revenue received regarding that purpose.

The Canada Border Services Agency Act established the Canada Border Services Agency (CBSA), which was created by Order in Council on 12 December 2003. The Act renders the CBSA responsible for providing integrated border services that support Canada's national security priorities and that facilitate the free flow of persons and goods (including plants and animals) that meet all requirements under the program legislation. The Act also set out the responsibilities, mandate, powers, duties, and functions of the CBSA's President and of the Minister responsible for the Agency (Minister of Public Safety and Emergency Preparedness). The Immigration Appeal Division Rules (SOR/2002 230), sets out the rules for appealing immigration related decisions (such as removal orders, inadmissibility, etc.) to IRB's Immigration Appeal Division. Likewise, the Refugee Appeal Division Rules (SOR/2012 257) sets out the rules for appealing refugee related decisions to the Refugee Appeal Division.

1865. Re Burley
1985. Singh v Canada
1991. Kindler v Canada (Minister of Justice)
1991. Reference Re Ng Extradition
1992. Canada (Minister of Employment and Immigration) v Chiarelli
1992. Canadian Council of Churches v Canada (Minister of Employment and Immigration)
1993. Canada (AG) v Ward
1998. Pushpanathan v Canada (Minister of Citizenship and Immigration)
1999. Baker v Canada (Minister of Citizenship and Immigration)
2001. Law Society of British Columbia v Mangat
2001. United States v Burns
2002. Ahani v Canada (Minister of Citizenship and Immigration)
2002. Suresh v Canada (Minister of Citizenship and Immigration)
2007. Charkaoui v Canada (Minister of Citizenship and Immigration)
2005. Mugesera v Canada (Minister of Citizenship and Immigration)
2006. Hinzman v Canada, 2006 FC 420 — the case of Jeremy Hinzman
2009. Canada (Minister of Citizenship and Immigration) v Khosa
2010. Jose Figueroa deportation case

Most terminology relevant to immigration and refugee law in Canada are defined under the Immigration and Refugee Protection Act (IRPA) and its accompanying regulations; such terms include: s. 20.1. This can occur, for instance, if the Minister suspects that the persons were brought to Canada through human smuggling or trafficking with the help of a criminal or terrorist organization. Departure order — a type of removal order in which the subject must leave Canada within 30 days, and must inform the Canada Border Services Agency (CBSA) when they leave. Deportation order — a type of removal order in which the subject may not return to Canada unless they have received an "Authorization to Return to Canada," i. e., permission in writing from Immigration, Refugees and Citizenship Canada.

The Parliament of Canada has previously debated whether to allow former U. S. war resisters, such as soldiers avoiding re deployment to Iraq, to stay in Canada. In mid 2010, the Federal Court of Appeal ruled that Jeremy Hinzman, an American soldier seeking asylum, should be allowed to remain in Canada based on his pacifist religious beliefs. A Private Member's Bill on the issue of war resisters, by former Member of Parliament Gerard Kennedy, was defeated in late September. In June 2012, the Canadian government introduced a series of changes affecting the Interim Federal Health Program which covers refugee health care. Some have taken issue with the Canada–United States Safe Third Country Agreement (STCA), which prevents people from a country that is not Canada or the US who attempt to enter Canada at a legal border crossing seeking refugee status will be turned back, but processes the claims of those who arrive illegally. Moreover, some refugee advocates have argued for rescinding the STCA.