Mason v. Canada was a Supreme Court of Canada decision which assessed whether inadmissibility on security grounds for engaging in violence required a nexus to national security. The Supreme Court of Canada’s decision clarified the interpretation of “inadmissibility on security grounds” under section 34(1)(e) of the Immigration and Refugee Protection Act (the “IRPA”). The Court ruled that to deem someone inadmissible under this provision, there must be a direct link between the acts of violence committed and a threat to national security. This decision overturned a Federal Court of Appeal which had permitted a broader interpretation that did not require such a link to national security. Jurisprudence In Ali v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1682, the Federal Court held that in assessing whether someone is inadmissible for membership in a group that engaged in subversion it is necessary for the decision maker to determine whether a person’s removal would be contrary to the principle of non-refoulement, i.e., are they actually a danger to the security of Canada?
Indian Applications
Here are some IRCC PPT slides on Canadian asylum claims from Indian nationals, and southbound apprehensions by US border patrol. IRCC has plans to reduce the overall claim rate from India back to 2019 levels. It anticipates that its plan could lead to reduced approval rates and increased processing times. Hare are slides on training material for processing applications from India.
The National Security and Intelligence Review Agency
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 … Read More
LMIA Exemption S62 – Applicants Under an Unenforceable Removal Order
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. … Read More
Random Statistics
Comparison of EE Candidates Invited to Apply in January and February, 2021 2025 approval rates
The Post-Graduation Work Permit
Canada’s Post-Graduate Work Permit (“PGWP”) program (the “PGWPP“) allows international students who have completed certain Canadian post-secondary programs to obtain work permits after graduating. The work permits are open, meaning that the graduates can work for any employer in any Canadian province. It is a fantastic program that enhances the competitiveness of Canadian post-secondary institutions internationally, and is normally an essential transitory step for international graduates looking to eventually obtain Canadian permanent residency. However, every year there are many international students who mistakenly think that they will be eligible to participate in the program after graduating only to discover midway through their studies that they cannot. It is accordingly very important that all international students in Canada understand how the PGWP program works. Basis in Law Section 205 of Canada’s Immigration and Refugee Protection Regulations provides the government with the authority to create programs to issue work permits to foreign nationals when it is satisfied that public policy objectives relating to the competiveness of Canada’s economy or academic institutions are met. The PGWPP is one of these programs, and detailed information about it can be found on the Immigration, Refugees and Citizenship Canada (“IRCC“) website here. As the Federal Court … Read More
Procedural Fairness Where Credibility is an Issue
In an application to Immigration, Refugees and Citizenship Canada (“IRCC“) the burden is on the applicant to put forward a complete, convincing and unambiguous application which provides sufficient evidence to establish that the requirements of Canadian immigration legislation are met. Visa officers are not under an obligation to ask for additional information where the submitted material is insufficient. As well, as demonstrated by the decision in Omitogun v. Canada (Citizenship and Immigration), 2024 FC 719, visa officers are under no obligation to review an applicant’s previously submitted applications. However, where there is a concern regarding the credibility or the genuineness of the evidence submitted, as opposed to the sufficiency of, or weight to be given, to that information, then the duty of fairness generally requires that the applicant be given the opportunity to address the concern. The Federal Court succintently set out the test in Fard v. Canada (Citizenship and Immigration), 2024 FC 1403, writing: Where an officer suggests that the applicant’s supporting documents serve a “demonstrative purpose” amounting to a “deceptive façade” (Taeb v Canada (Citizenship and Immigration) 2023 FC 576 at para 6) or where, as here, the officer states that the applicant’s financial data has been “inflated” … Read More
Restoration of Status
If a visitor, worker, or student loses their legal status in Canada, they may be eligible to apply for status restoration. This process, known as a restoration application, allows individuals to regain their temporary resident status under specific conditions. According to section 182 of the Immigration and Refugee Protection Regulations (“IRPR”), applicants must meet certain eligibility criteria to restore their status in Canada.: 182. On application made by a visitor, worker or student within 90 days after losing temporary resident status as a result of failing to comply with a condition imposed under paragraph 185(a), any of subparagraphs 185(b)(i) to (iii) or paragraph 185(c), an officer shall restore that status if, following an examination, it is established that the visitor, worker or student meets the initial requirements for their stay, has not failed to comply with any other conditions imposed and is not the subject of a declaration made under subsection 22.1(1) of the Act. According to Immigration, Refugees and Citizenship Canada (“IRCC“) Guidelines, if an individual applies to extend their temporary resident status and IRCC refuses the application after their status has expired, the Case Processing Centre – Edmonton will notify them that they can submit a restoration of … Read More
Actively Pursuing Studies
Regulation 220.1(1) of the Immigration and Refugee Protection Regulations provides that the holder of a study permit in Canada (a) shall enroll at a designated learning institution and remain enrolled at a designated learning institution until they complete their studies and (b) shall actively pursue their course or program of study. Non-compliance with this requirement can, subject to certain exceptions that are beyond the scope of this post, result in a person being barred from Canada for one year. The Immigration, Refugees and Citizenship Canada (“IRCC“) website contains guidelines (the “Guidelines”) on interpreting these requirements. The guidelines are divided into the following sections: Full-time and part-time studies Progress toward completion of courses Changing institutions or changing programs of study at the same institution D. Leave from studies E. Deferred enrollment F. School closures G. Change of status H. Spouses or common-law partners of full-time students (C42) I. Children of full-time students J. Working on or off campus not authorized during any leave from studies K. Co-op and internship placements not authorized during any leave from studies I have reproduced or paraphrased much of the Guidelines below. At the end of this post I have summarized Federal Court of Canada jurisprudence on the matter. … Read More