Practicing Exclusively in Canadian Immigration Law

When immigration applications take longer than expected, one common reason is security screening. Several government agencies are involved in this process, and one of the organizations that provides oversight is the National Security and Intelligence Review Agency (the "NSIRA"). The NSIRA is an independent review body created by Parliament in 2019. Its role is to oversee the national security and intelligence activities of federal agencies such as the Canada Border Services Agency ("CBSA"), the Canadian Security Intelligence Service ("CSIS"), and the Royal Canadian Mounted Police ("RCMP"). This includes reviewing how these agencies handle immigration and citizenship security screening. All immigration and citizenship applications involve background checks. In many cases, this is straightforward and completed quickly. However, for some applicants, the process can involve: CBSA: verifying admissibility to Canada; CSIS: conducting security assessments where potential risks are identified; RCMP: checking law enforcement records. If additional information is needed, applications may remain under review for an extended period. Role of the NSIRA The NSIRA does not process applications or make immigration decisions. Instead, its job is to review whether the activities of agencies like CBSA and CSIS are lawful, reasonable, and carried out properly. In addition to broad oversight, the NSIRA also ...

Canada’s immigration regulations recognize that some foreign nationals may need to work while their status is being resolved. Section 206 of the Immigration and Refugee Protection Regulations (IRPR) allows work permits to be issued to individuals who cannot support themselves without employment, including: Refugee claimants whose case has been referred to the Refugee Protection Division (RPD) of the Immigration and Refugee Board (IRB) but has not yet been decided [R206(1)(a)]. Individuals subject to an unenforceable removal order [R206(1)(b)]. When is a Removal Order Enforceable in Canada? Under Canada’s immigration law, a removal order only becomes enforceable when it comes into force and all conditions for a stay are lifted. Until then, many removal orders remain “on hold.” Conditional Removal Orders for Refugee Claimants Most refugee claimants are issued conditional removal orders, which remain unenforceable while their claim is being decided. The Immigration and Refugee Protection Act (IRPA) outlines specific situations when a removal order comes into force for claimants. Who Else Has an Unenforceable Removal Order? Several categories of people may be under a removal order but cannot actually be removed from Canada until certain steps are completed: Failed refugee claimants who are appealing their Immigration and Refugee Board decision. ...