Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2013-05-20 and last amended on 2013-04-29. Previous Versions

Marginal note:Incarcerated foreign nationals

59. If a warrant for arrest and detention under this Act is issued with respect to a permanent resident or a foreign national who is detained under another Act of Parliament in an institution, the person in charge of the institution shall deliver the inmate to an officer at the end of the inmate’s period of detention in the institution.

Marginal note:Minor children

60. For the purposes of this Division, it is affirmed as a principle that a minor child shall be detained only as a measure of last resort, taking into account the other applicable grounds and criteria including the best interests of the child.

Marginal note:Regulations

61. The regulations may provide for the application of this Division, and may include provisions respecting

  • (a) grounds for and criteria with respect to the release of persons from detention;

  • (a.1) the type of conditions that an officer, the Immigration Division or the Minister may impose with respect to the release of a person from detention;

  • (a.2) the type of conditions that the Immigration Division must impose with respect to the release of a designated foreign national who was 16 years of age or older on the day of the arrival that is the subject of the designation in question;

  • (b) factors to be considered by an officer or the Immigration Division; and

  • (c) special considerations that may apply in relation to the detention of minor children.

  • 2001, c. 27, s. 61;
  • 2012, c. 17, s. 28.
Previous Version

Division 7

Right of Appeal

Marginal note:Competent jurisdiction

62. The Immigration Appeal Division is the competent Division of the Board with respect to appeals under this Division.

Marginal note:Right to appeal — visa refusal of family class

  • 63. (1) A person who has filed in the prescribed manner an application to sponsor a foreign national as a member of the family class may appeal to the Immigration Appeal Division against a decision not to issue the foreign national a permanent resident visa.

  • Marginal note:Right to appeal — visa and removal order

    (2) A foreign national who holds a permanent resident visa may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

  • Marginal note:Right to appeal — removal order

    (3) A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility hearing to make a removal order against them.

  • Marginal note:Right of appeal — residency obligation

    (4) A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28.

  • Marginal note:Right of appeal — Minister

    (5) The Minister may appeal to the Immigration Appeal Division against a decision of the Immigration Division in an admissibility hearing.