The primary statute regarding immigration and refugee law in Canada is the Immigration and Refugee Protection Act, accompanied by the Immigration and Refugee Protection 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.
Admission classes
Canadian immigration policy allows several classes of people to enter. The Family Class allows permanent residents or citizens to sponsor a family member's or spouse's entrance into the country. In the case of a same sex couple, if they are immigrating from a country where they cannot marry, proof of a long-term relationship is required. The Economic Class provides admission to applicants who are supposed to be likely to find employment and contribute to the Canadian economy. This is determined by ranking candidates against one another, and the weighing of factors such as education, language skills, and work experience. Some 60,000 come to Canada each year under the International Experience Canada initiative, which provides Working Holiday, internship, and study visas. Any immigrant can claim to be a refugee and it will be investigated. Claims for refugee status and for admissibility as well as appeals of the decisions of the immigration officers are directed to the Immigration and Refugee Board of Canada. The IRB is the largest tribunal in Canada and hears over 25,000 claims a year. Decision of the IRB can be appealed to the Federal Court, which hears about 2,500 appeals on immigration and refugee matters a year.
Issues
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. Former Member of Parliament Gerard Kennedy's Private Member's Bill on the issue of war resisters was defeated in late September. The Protecting Canada's Immigration System Act, aims to amend Canadian immigration and refugee law. In June 2012, the Canadian government introduced a series of changes affecting the Interim Federal Health Program which covers refugee health care. Some refugee advocates have argued for rescinding the Canada–United States Safe Third Country Agreement. Under this agreement, those from third countries seeking refugee status who attempt to enter Canada at a legal border crossing will be turned back, whereas those who arrive illegal will have their claims processed.
