The Immigration and Refugee Protection Act (2001), (IRPA), replaced the former 25 year old Immigration Act, and is the main piece of legislation on immigration in Canada. It came into force in June 2002 and covers immigration, asylum and security. The objectives of the IRPA are set out in section 3.

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The Immigration and Refugee Protection Act (2001), (IRPA), replaced the former 25 year old Immigration Act, and is the main piece of legislation on immigration in Canada. It came into force in June 2002 and covers immigration, asylum and security. The objectives of the IRPA are set out in section 3. They include, in relation to immigration, to: permit Canada to pursue the maximum social, cultural and economic benefits of immigration; to support the development of a strong and prosperous Canadian economy in which the benefits of immigration are shared across all regions of Canada; to see that families are reunited in Canada; to promote the successful integration of permanent residents into Canada, while recognizing that integration involves mutual obligations for new immigrants and Canadian society; to facilitate the entry of visitors, students and temporary workers for purposes such as trade, commerce, tourism, international understanding and cultural, educational and scientific activities; and to protect the health and safety of Canadians and maintain the security of Canadian society. In relation to refugees the objectives of the act include: saving lives and offering protection to the displaced and persecuted; to offer safe haven to persons with a well-founded fear of persecution based on race, religion, nationality, political opinion or membership in a particular social group, as well as those at risk of torture or cruel and unusual treatment or punishment; and to establish fair and efficient procedures that will maintain the integrity of the Canadian refugee protection system, while upholding Canada's respect for the human rights and fundamental freedoms of all human beings.

Section 11 of the IRPA states that citizens wishing to enter Canada must possess either a visa or the necessary documents to do so, their entry must also not be inadmissible under the Act (see 8.11-Migration and Crime). Section 12 sets out the groups of persons who may come to Canada they are: persons who are family members of Canadian citizens; persons coming for the purpose of employment who are selected as members of the economic class on the basis of their ability to become economically established in Canada; and foreign nationals inside or outside the country who are recognised as refugees or otherwise requiring protection. The Refugee Protection Division of the Immigration and Refugee Board makes decisions on refugee status. Canada also allows refugees entry into the country as part of resettlement programmes, in conjunction with UNHCR. However in July 2003, a new refugee system was proposed by the government in which government appointed officers, rather than tribunals would make decisions. The new proposals motivated by a desire for increased security also include increased detention during the processing of asylum claims.

Under section 13, Canadian citizens or permanent residents may sponsor certain members of their family, and groups of Canadian citizens or permanent residents, corporations and organisations may sponsor the entry of refugees or persons in similar circumstances. The Section also provides that undertakings of sponsors are binding on those that make them. Regulations made under section 14 of the Act may define matters under the Act, such as under section 14(2)(a), the selection criteria, the weight, if any, to be given to all or some of those criteria, the procedures to be followed in evaluating the criteria and the circumstances in which an officer may substitute for the criteria their own evaluation of the likelihood of a migrants ability to economically establish themselves in Canada. Section 14(2) (c) and (d), covers the numbers of visas and applications that may be processed in one year and conditions that may or must be imposed, varied or cancelled, individually or by class, on permanent residents and foreign nationals which may be set out in Regulations. Under section 14(2)e the Regulations may also provide for matters relating to sponsorships, undertakings, and penalties for failure to comply with those undertakings.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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