Glossary - Immigration Law
The Refugee Protection Division (RPD) of the Immigration and Refugee Board can decide, at a special hearing, that a refugee claimant has “abandoned” their claim. This means that the claimant loses the right to make their claim. This could happen if a claimant does not follow all the rules about making a refugee claim. For example, they don’t file their Basis of Claim Form on time, don’t show up for a hearing, or don’t reply when the RPD asks them to.
At an admissibility hearing, the Immigration Division of the Immigration and Refugee Board decides if a person is inadmissible to Canada. The Immigration Division decides this based on whether the person meets the legal requirements for the immigration status they want to get or keep.
An Immigration Division member looks at the evidence and decides whether the person:
- has the right to enter or remain in Canada, or
- should be ordered to leave.
The Canada Revenue Agency (CRA) manages the income tax process. The CRA sends out a Notice of Assessment each year to everyone who files their tax return. The CRA is also responsible for some social benefits, like the Goods and services tax/Harmonized sales tax (GST/HST) credit, Canada child benefit, and child disability benefit.
The Refugee Protection Division (RPD) of the Immigration and Refugee Board makes a cessation order if it decides that a protected person no longer needs Canada’s protection. A cessation order can lead to a protected person being ordered to leave Canada.
If Canada Border Services Agency applies to the RPD for a cessation order, the protected person has the right to a hearing.
Most people who apply to become Canadian citizens have to show that they have enough knowledge of Canada and what it means to be a Canadian citizen. They usually do this by passing a written test that’s called the citizenship test.
Canadian immigration law has its own definition of common-law partner. It’s someone who you’ve lived with, for at least one year, in a conjugal or marriage-like relationship. They don’t have to be the same sex as you.
It also includes a conjugal partner, if you could not live together because of laws that would punish you for it, or because you’d be persecuted.
For example, you might come from a country where your relationship is against the law.
Getting a conditional sentence means that you don’t serve your sentence in custody, for example, in jail. You serve your sentence in the community and there are strict conditions that you must follow. Some people call this “house arrest”.
A conjugal partner is someone who you’ve had a conjugal or marriage-like relationship with for at least one year. They don’t have to be the same sex as you.
A conjugal relationship does not have to include living together. But if you could have lived together and chose not to, it can be difficult to convince Immigration, Refugees and Citizenship Canada that your relationship is conjugal.
A Convention refugee is someone who is outside their country and not able or not willing to return. This is because they have good reason to fear that they’ll be persecuted because of:
- political opinion, or
- being a member of a particular social group.
A departure order is a type of removal order. If you get a departure order, you have to leave Canada within 30 days. You must tell Canada Border Services Agency (CBSA) when you leave. This is called “confirming your departure”. If you don’t leave within the 30 days, or don’t confirm that you’re leaving, the order can become a deportation order.