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The "Go-To" Guide for the Ever-Changing World of Immigration and Refugee Law Practice
It is definitely not an understatement that immigration and refugee law changes have continued to take the centre stage of legislative activities in Canada. Immigration and refugee law practitioners and consultants must be aware of all these recent changes and their implications on their practice.
Canadian Immigration & Refugee Law Practice, 2024 Edition provides you with an overview of the new legislative framework of Canadian immigration and refugee law along with guiding principles for the exercise of discretion by the Immigration and Refugee Board. The book captures the latest legislative updates and case law, with extensive commentary on the implications of both the recent and pending changes.
This invaluable reference for immigration law practitioners and consultants also provides close to 2,000 thematically organized case digests from the IRPA and the Citizenship Act, and key sections of the regulations, rules, and related legislation. Plus, the book also includes an unannotated version of the Act in double-column English and French, making it easy to locate a section of legislation when representing a case.
Features
Highlights of the 2024 Edition
- Canadian Council for Refugees v. Canada (Citizenship and Immigration), [2023] S.C.J. No. 17 – The Supreme Court of Canada rendered its decision in the challenge to the safe third country regulations. The Court's decision is very important in terms of the engagement of section seven affirming that the test for causation in s. 7 immigration matters is the Bedford test. Although the Court upheld that validity of the provisions it left open the possibility that their application and other conduct of government officials could violate s. 7 in individual cases.
- Since the Federal Court of Appeal's decision in Canada (Minister of Citizenship and Immigration) v. Galindo Camayo, [2022] F.C.J. No. 391, which was rendered in March 2022, the Federal Court has rendered over 40 decisions which have considered Camayo and emphasized the importance of considering the refugees knowledge of the consequences when assessing intention to reavail.
- In Obazughanmwen v. Canada (MPSEP), [2023] F.C.J. No. 913, 2023 FCA 151, the Federal Court of Appeal held that the Minister's Delegate was not required to consider equitable circumstances when issuing a direction to hold an inquiry.
- In Pepa v. Canada (MCI), [2023] F.C.J. No. 622, 2023 FCA 102, the Federal Court of Appeal held that a person did not have a right to appeal to the Immigration Appeal Division if they were issued a removal order after their permanent resident visa had expired.
- The Supreme Court allowed the appeal in Mason v. Canada (Citizenship and Immigration), [2023] S.C.J. No. 21, holding that s. 34 must be interpreted so that the inadmissibility is connected to national security. It also provided important guidance on the interpretation of IRPA, emphasizing the importance of compliance with international law and in particular the prohibition against...
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