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Difference between revisions of "Governing Legislation and Resources for Immigration Law (18:II)"
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Governing Legislation and Resources for Immigration Law (18:II) (view source)
Revision as of 23:50, 5 August 2020
, 23:50, 5 August 2020→2. Operational Manuals and Bulletins
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However, much of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of IRCC, which is a large spatially distributed administrative bureaucracy. IRCC “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 IRCC, which is publicly available through IRCC’s Operational Manuals (http://www.cic.gc.ca/english/resources/manuals/index.asp) and between manuals, Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page). | However, much of the operation of law in the Canadian immigration context takes place through the decision-making apparatus of IRCC, which is a large spatially distributed administrative bureaucracy. IRCC “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 IRCC, which is publicly available through IRCC’s Operational Manuals (http://www.cic.gc.ca/english/resources/manuals/index.asp) and between manuals, Operation Bulletins (a link to these bulletins can be found on the Operational Manuals page). | ||
Operational Manuals are drafted by IRCC 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 | Operational Manuals are drafted by IRCC 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 IRCC 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 listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity 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. | '''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 listed in the Manuals and Operational Bulletins may therefore still be arguable at law. However, you may never have an opportunity 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. | ||
=== 3. Ministerial Instructions ==== | === 3. Ministerial Instructions ==== | ||