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Copyright
?span style="mso-spacerun: yes"> 2003, West Group;
Benjamin A. Kranc December
15, 2003 UNDERSTANDING
CANADIAN IMMIGRATION LOGISTICS When
you look at a foreign legal system, it may sometimes seem, well,
foreign.
In addition to the obvious geographic
proximity of the U.S. and Canada, there is also linkage between these
two countries in terms of legal, political, economic, security, and
other issues. For those dealing with immigration law, there is often the
need for us to understand each other's systems, at least at a basic
level. Whether for issues of corporate or business matters, or of asylum
or humanitarian-based immigration, there can be and often is a
connection or overlap between the Canadian and U.S. procedures. As such,
again, a basic understanding of the Canadian system can be a useful tool
for U.S. immigration law practitioners.
This article provides an overview of
Canadian immigration law terminology, the bodies involved in the
adjudication of immigration matters and their roles, the various
procedures that may arise, and an understanding of the interactions
among those involved. As such, whenever facing the need to deal with the
Canadian immigration system, one should at least be equipped with the
knowledge of the basics of what is going on and who is dealing with it.
The discussion therefore has a "horizontal" component,
in terms of who is involved, and a "vertical" component, in
terms of the types of decisions being made. Included with this article
is a chart outlining the major types of decisionmakers in the Canadian
immigration system, and the kinds of decisions they make. The chart is
reproduced in Appendix I of this Release.
Canada implemented new immigration
legislation, the Immigration Refugee Protection Act (IRPA), in June.
IRPA is having a profound impact on procedural and substantive issues in
Canadian immigration law. This legislation has created a new structure
for the administration of Canada's immigration laws and policies, and is
the starting point for any consideration required on an immigration
issue. The act has also spawned related regulations (IRPR), where much
of the meat has been added to the legislative intent.
Beyond this there are also government manuals which, though not law, are
often considered in questions of implementation of procedures and
policies.
Two basic bodies generally encompass
the functions of Canadian immigration law processing and adjudication:
(a) the Immigration Department, which has both overseas and inland
functions, and (b) the Immigration and Refugee Board (IRB), which has
three divisions: the Immigration Division, the Refugee Protection
Division (RPD), and the Immigration Appeal Division (IAD). The
Immigration Department is responsible for the administration of
immigration processes and decisions; the IRB handles the litigious
aspects of immigration. This article also looks at the mechanisms and
recourses from issues stemming from decisions in any of these bodies.
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