Glossary
In Immigration Law, Refugee Law
The Refugee Protection Division (RPD) can decide that a refugee claimant has “abandoned” their claim if the claimant does not follow all the rules about making a claim. For example, they do not file their Basis of Claim (BOC) form on time, do not show up for a hearing, or do not contact the RPD when asked to do so. If the RPD decides a claim is abandoned, the claimant loses the right to make their claim.
In Immigration Law, Refugee Law
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.
For example, if a permanent resident is convicted of a serious crime, the Immigration Division can order that they be deported.
In Immigration Law, Refugee Law
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.
In Immigration Law, Refugee Law
A common-law partner is someone who you’ve lived with, for at least one year, in a conjugal or marriage-like relationship. It does not matter what their sex or gender is.
Common-law also means a conjugal partner that you’ve lived with for less than a year if you could not live together because it was against the law, or because you’d be persecuted.
Common-law is defined differently in other areas of the law, like family law.
In Immigration Law, Refugee Law
A conjugal partner is someone who you’ve had a conjugal or marriage-like relationship with for at least one year. It does not matter what their sex or gender is. You do not have to live together. For example, you might come from a country where your relationship is against the law.
But if you could have lived together and chose not to, it can be hard to prove that your relationship is conjugal.
In Immigration Law, Refugee Law
A Convention refugee is someone who has left their country and is not able or not willing to return. This is because they have good reason to fear that they will be persecuted because of:
- race,
- religion,
- nationality,
- political opinion, or
- being a member of a particular social group.
Their country is also not able or not willing to protect them, and they cannot reasonably and safely live in another part of their country.
In Immigration Law, Refugee Law
Dependant means your spouse, common-law partner, or dependent child.
In Immigration Law, Refugee Law
A dependent child is someone who depends on their parent or parents because they’re either:
- under the age of 22 and not married or in a common-law relationship, or
- 22 or older and financially dependent on their parents since before they were 22 because they have a physical or mental condition that stops them from supporting themselves.
A dependent child can be biological, which means born to their parents, or adopted.
In Criminal Law, Immigration Law, Refugee Law
A deportation order is an order that requires someone to leave Canada. If you’re deported, you cannot return to Canada unless you get permission in writing from Immigration, Refugees and Citizenship Canada (IRCC). This is called an Authorization to Return to Canada (ARC).
In Immigration Law, Refugee Law
Being deported means that you must leave Canada because of a deportation order. A deportation order is a type of removal order. If someone is deported, they cannot return to Canada unless they get permission in writing from Immigration, Refugees and Citizenship Canada (IRCC). This is called an Authorization to Return to Canada (ARC).