Citizenship, Immigration and Refugee Law

The Federal Court provides judicial oversight for Canada’s immigration system. The Court’s jurisdiction over citizenship, immigration and refugee matters comprises the following:

  • Any matter arising under the Immigration and Refugee Protection Act. This law governs immigration to Canada including temporary residence, permanent residence, and refugee protection. The Court hears judicial reviews of any matter arising under this Act. This includes the following:
    • Decisions of all levels of the Immigration and Refugee Board, including refugee claims, inadmissibility, immigration detention and immigration appeals;
    • Decisions of immigration officers regarding applications for permanent and temporary residence;
    • Decisions regarding pre-removal risk assessment;
    • Decisions of Ministers and their delegates concerning border and immigration matters;
    • Decisions regarding immigration enforcement including removal from Canada;
  • Any matter arising from the Citizenship Act. This law governs the granting and loss of Canadian citizenship. The Federal Court hears matters arising under this Act, including the following: 
    • Judicial reviews of citizenship decisions;

Actions by the Minister regarding citizenship revocation.
 
Relevant Statutes
Citizenship Act, RSC 1985, c C-29
Immigration and Refugee Protection Act, SC 2001, c 27
Immigration and Refugee Protection Regulations, SOR/2002-227
Federal Courts Citizenship, Immigration and Refugee Protection Rules, SOR/93-22
Canada Border Services Agency Act, SC 2005, c 38
 
Speeches
Thoughts of a Federal Court Judge - Speaking notes on the occasion of the 2013 Integrated National Training Seminar - Immigration and Refugee Board, the Honourable Luc Martineau - January 9, 2013
Stays of Removal - Notes for Presentation to the County of Carleton Law Association, The Honourable Russel W. Zinn - November 1, 2012
Address to the National Hearings Officer Training Session, the Honourable Russel Zinn - September 12, 2012
 
 

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