Immigration law is a very dynamic area, and it has undergone significant change in the recent past. For this reason, it This chapter is imperative to refer designed to assist with the following sources, for the most up questions pertaining to date information about immigration lawin Canada: *''Immigration and Refugee Protection Act'', RSC 2001, c 27 [IRPA] - http://canlii.ca/tWhat is my status?* How do I obtain a Work /7vwqStudy Permit?*''Immigration and Refugee Protection Regulations'', SOR/2002-227 [IRP Regulations] - http://canlii.ca/t/7xspHow do I obtain Permanent Residence?*''Operational Bulletins and Manuals'' - http://www.cic.gc.ca/english/resources/manuals/index.aspHow do I appeal an immigration matter?
There are six general It is advised that you reference outside sources in addition to this manual if your question is beyond the scope of immigration law and policy: the IRPA, the ''IRP Regulations'', the Manuals, the Operational Bulletins, the Ministerial Instructions and case lawquestions listed above. The ''Canadian Charter of Rights and Freedoms'' (Part I of the ''Constitution Act'', 1982, being Schedule B It is also important to refer to the ''Canada Act'' 1982 main sources of immigration law (UK), 1982 c 11 [''Charter'']listed below) when researching a legal issue as the law may have changed since the printing of this manual. is also applicable Notes advising users of potential changes to immigration matters; law have been placed throughout the IRPA and ''IRP Regulations'' must chapter as a warning that further research may be consistent with ''Charter'' provisionsneeded.
The IRPA It is the primary source and should be referenced firstrecommended that you contact an immigration lawyer if you require further assistance. However, the IRPA Legal advocacy is “framework” legislation, i.e. the provisions are general and principled. The ''IRP Regulations'' are more detailed than the IRPA and give specific guidance recommended for appellate proceedings due to applicants. Case law in immigration law operates in the same manner as it does in other areas complex nature of this area of law. Case law interprets the IRPA and the ''IRP Regulations''. The IRPA is a federal statuteFurthermore, several programs in British Columbia offer assistance with Temporary and cases generally go to the Federal Court, the Federal Court of Appeal and the Supreme Court of CanadaPermanent Residence applications. Cases are also handled by a tribunal called If you cannot obtain the Immigration and Refugee Board (consisting services of four separate divisions). However, much of the operation of law in the Canadian an immigration context takes place through the decision-making apparatus of CIClawyer, which is a large spatially-distributed administrative bureaucracy. CIC “officers” make decisions on written applications, without significant applicant input, and often without any opportunity to clarify evidence, and so it is '''vital''' that applications contain all the evidence required for the status being sought. Much of the law itself is interpreted through the policy of CIC, which is publically available through CIC’s [http://www.ciclslap.gcbc.ca/english/resources/manuals/index.asp Operational ManualsLaw Students' Legal Advice Program] and between manuals, Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page). Operational Manuals are drafted by CIC and provide details on interpretation of the IRPA and ''IRP Regulations''. Immigration Officers and Visa Officers usually consider themselves bound to the Manuals when determining a case. Operational Bulletins are recent developments by Citizenship and Immigration Canada that have not yet been incorporated into the Manuals. '''NOTE:''' The Manuals and Operational Bulletins do not have the force of law and must be consistent with the IRPA and the ''IRP Regulations''. Cases that do not fit the factors services listed in the Manuals and Operational Bulletins [[Important_Addresses_and_Phone_Numbers_in_Immigration_Law_(18:XII)|Section XII]] may therefore still be arguable at law. However, you may never have an opportunity able to argue the legal case due to the limited and narrow appeals and review options, and so it is essential that applicants try to confirm to the policy requirements as much as possible in the circumstances. The Ministerial Instructions are provided for in s 87.3 of IRPA, and are created through Order in Council. The Ministerial Instructions drive current immigration policy. The Minister uses Ministerial Instructions to make fast, sweeping changes to the immigration system, and so it is very important to ensure that provide assistance if you are working with the most current information on requirementsmeet their qualifications.