The Immigration and Refugee Protection Act
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
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