Glossary
In Refugee Law
Refugee claimants get a designated representative to help them understand the refugee claim process and make decisions if they’re:
- under 18 years old, or
- not able to understand what the refugee hearing process is about, usually because of mental health issues.
In Immigration Law, Refugee Law
Evidence is used to prove a fact or to persuade someone who’s making a decision. There are different types of evidence, for example information from witnesses, documents like letters or reports, or photographs.
In Refugee Law
Exclusion refers to situations where you will not be allowed to get refugee protection.
For example, you:
- have protection in another country
- committed a serious crime in another country, broke international human rights laws or there are other security concerns
In Immigration Law, Refugee Law
Sometimes people can apply to Immigration, Refugees, and Citizenship Canada (IRCC) for permanent resident status based on what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for and want to help the person making the application. For example, a reason people often use is that they would face hardship if they had to return to their home country. They also explain that they’re established in Canada and have created a life here.
Another important factor is whether a child would be directly affected if the applicant had to return to their home country. This is because IRCC must consider what’s in the child’s best interests. It does not have to be the applicant’s child.
In Immigration Law, Refugee Law, Making a refugee claim, Making a claim, Separating or joining claims
Sometimes people can ask for an exception to immigration rules because they have what are called humanitarian and compassionate grounds.
The grounds, or reasons, can be almost anything that makes others feel compassion for the person making the application or a child they’re close to. The reasons often include hardship that they would face if they had to return to their home country and how established they are in Canada. The situation makes others want to help them.
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 $5,000 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 Immigration Law, Refugee Law
The Immigration and Refugee Board (IRB) 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) holds refugee hearings and decides when a refugee claimant in Canada is a Convention refugee or person in need of protection
- Refugee Appeal Division (RAD) decides appeals from some decisions made by the Refugee Protection Division
In Immigration Law, Refugee Law
Immigration Appeal Division (IAD) decides appeals from some immigration decisions, including appeals of deportation orders and sponsorship applications. The IAD is part of the Immigration and Refugee Board (IRB).
In Refugee Law
The Immigration Division (ID) holds admissibility hearings and detention reviews. The ID is part of the Immigration and Refugee Board (IRB).
In Immigration Law, Refugee Law
If you’re not a Canadian citizen, you must 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 do not meet the requirements.
There are different requirements depending on the immigration status that you’re trying to get or keep.