IMPR 101-5
IMPR 101-5
6 null terms
- Application
- In the immigration and refugee context, a request that can be made orally or in writing to an officer or other decision maker by a person seeking a government action.
IRPR s.10-12.07
IRPA: Application before entering Canada:
s.11(1) "A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act."
- Disclosure
- The release of documents to the opposing side in a proceeding.
IRPR: Division 4 Disclosure of Information
IRPA: s.150.1
s.10(4): Disclosure of Information
"For the purpose of facilitating the selection of a foreign national as a member of the economic class or as a temporary resident, the Minister may disclose to an entity that is referred to in an instruction given under paragraph 10.3(1)(g) the personal information referred to in that instruction that is
(a) provided to the Minister by the foreign national under section 10.1 or by a third party for the purposes of section 10.1 or 10.2; or
(b) created by the Minister, on the basis of the information referred to in paragraph (a), for the purposes of sections 10.1 to 10.3."
IRPA: Appeal by Minister: s.79.1(1) "Despite section 79, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person."
Appeal by Minister: s.82.31(1) "Despite section 82.3, the Minister may, without it being necessary for the judge to certify that a serious question of general importance is involved, appeal, at any stage of the proceeding, any decision made in the proceeding requiring the disclosure of information or other evidence if, in the Minister’s opinion, the disclosure would be injurious to national security or endanger the safety of any person."
Protection of Information s.83.1(c) "at any time during a proceeding, the judge may, on the judge’s own motion — and shall, on each request of the Minister — hear information or other evidence in the absence of the public and of the permanent resident or foreign national and their counsel if, in the judge’s opinion, its disclosure could be injurious to national security or endanger the safety of any person"
(d) "the judge shall ensure the confidentiality of information and other evidence provided by the Minister if, in the judge’s opinion, its disclosure would be injurious to national security or endanger the safety of any person"
- Hearing
- IRPR: s.159.9 Hearing Before RPD
s.168 Hearing Procedure
A proceeding at which a refugee claimant appears in person before a member of the RPD to present evidence and testimony and to answer questions related to his/her claim.
- Immigrant
- A person who wishes to settle, or has settled, permanently in another country.
- Oral Representation
- An argument that is made orally.such as at the end of a refugee hearing.
- Special Advocate
- A person who must be appointed to act on behalf of a person who is subject to a closed security certificate hearing process to protect his/her interests.
IRPA: s.83/85