Glossary - Refugee Law
In Immigration Law, Refugee Law
The Immigration and Refugee Board (IRB) is an independent tribunal and not part of the government. It holds hearings and makes decisions on immigration and refugee matters. It has 4 parts, called divisions:
- Immigration Division (ID) does admissibility hearings and detention reviews
- Immigration Appeal Division (IAD) decides appeals from some immigration decisions, including appeals of deportation orders and sponsorship applications
- Refugee Protection Division (RPD) decides when a person in Canada is a protected person
- Refugee Appeal Division (RAD) decides appeals from some decisions made by the Refugee Protection Division
The IRB is separate from Immigration, Refugees and Citizenship Canada and the Canada Border Services Agency.
In Immigration Law, Refugee Law
If you’re not a Canadian citizen, you have to meet the requirements of the Immigration and Refugee Protection Act if you want to enter or remain in Canada. Being inadmissible to Canada means that you don’t meet the requirements.
There are different requirements depending on the immigration status that you’re trying to get or keep.
Most criminal offences are “hybrid” offences. This means the Crown uses the specific facts of each case to decide if to prosecute the case as a summary offence or as an indictable offence:
- Summary offences are considered less serious. They go to the Ontario Court of Justice where the court process is simpler and faster. There is never a jury. A judge decides the case on their own. The maximum sentence is 2 years in jail, or a $5000 fine, or both.
- Indictable offences are considered more serious. They go to the Superior Court of Justice where the court process is more complicated and takes longer. Some cases are decided by a jury and some by a judge. The maximum sentence is often longer than 2 years in jail.
The youth court process and youth sentences are different.
In Family Law, Health and Disability, Mental health, Immigration Law, Refugee Law
A legal aid certificate is a document that says Legal Aid Ontario (LAO) has agreed to pay for a certain number of hours of a lawyer’s time to work on certain legal issues. You must show that you have a low income and that your legal issue is one that LAO covers.
To apply for a legal aid certificate:
- call LAO at 1-800-668-8258
- use their online service
- visit one of their regional offices
You have to find a lawyer who agrees to work for you and agrees to accept your certificate. You can search a list of lawyers who accept legal aid certificates on the LAO website.
In Abuse and Family Violence, Criminal Law, Family Law, Housing Law, Refugee Law
A peace bond is a court order from a criminal court that requires a person to “keep the peace and be of good behaviour”. The peace bond may also contain other conditions the person must follow. For example, if you are named in a peace bond, you may be required to follow a “no contact” condition.
In Migrant workers, Immigration Law, Income Assistance, Refugee Law
A permanent resident is someone who has the right to live permanently in Canada. A permanent resident is not a Canadian citizen. Permanent residents can be ordered to leave Canada for reasons given in the Immigration and Refugee Protection Act.
In Immigration Law, Income Assistance, Refugee Law
After someone becomes a permanent resident, Immigration, Refugees and Citizenship Canada gives them a permanent resident card. The card proves that the person has permanent status in Canada and includes details like their name, photograph, and date of birth.
A permanent resident card usually expires in 5 years but can be renewed.
Permanent residents who travel outside Canada need to make sure that they have their permanent resident card and that it is valid at the time they plan to return.
In Immigration Law, Refugee Law
A person in need of protection is someone who would likely face at least one of the following risks if they had to return to their home country:
- torture, or
- in some cases, a risk to their life or a risk of cruel and unusual treatment or punishment
In Immigration Law, Refugee Law
A port of entry is a place where people can enter Canada. Canada Border Services Agency (CBSA) decides if a person can come into the country.
Ports of entry include international airports, land border crossings, such as border crossings from the United States, and maritime ports, such as the ports at Vancouver and Halifax.
In Immigration Law, Refugee Law
Pre-Removal Risk Assessment (PRRA) is a process that reviews the risk a person would face if sent back to their country. Most people who apply successfully for PRRA become protected persons.
