The Immigration and Refugee Protection Act

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Assignment One
Assignment One
LAW 107 – TRIBUNAL LAW
LAW 107 – TRIBUNAL LAW
ANSWERS:
1. The enabling statute for the Immigration and Refugee Board is the Immigration and Refugee Protection Act.

2. The Ontario Statutory Powers Procedure Act (SPPA) does not apply to the Immigration and Refugee Protection Act.

3. The Immigration and Refugee Board is subject to a right to statutory appeal as per section 62 and section 63(1)…..63(5) of the Immigration and Refugee Protection Act.

4. The procedural steps or facts about the determination of inadmissibility as per the Immigration and Refugee Board is as follows: Inadmissibility
Rules of interpretation
33. The facts that constitute inadmissibility under sections 34 to 37 include facts arising from omissions and, unless otherwise provided, include facts for which there are reasonable grounds to believe that they have occurred, are occurring or may occur. Security

* 34. (1) A permanent resident or a foreign national is inadmissible on security grounds for * (a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada; * (b) engaging in or instigating the subversion by force of any government; * (c) engaging in terrorism;

* (d) being a danger to the security of Canada;
* (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or * (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c). * Exception

(2) The matters referred to in subsection (1) do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest. Human or international rights violations

* 35. (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for * (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act; * (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or * (c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association. * Exception

(2) Paragraphs (1)(b) and (c) do not apply in the case of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest. Serious criminality

* 36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for * (a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed; * (b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or * (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would...
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