Glossary - Refugee Law
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.
In Immigration Law, Income Assistance, Refugee Law
A protected person is someone who:
- the Refugee Protection Division or the Refugee Appeal Division of the Immigration and Refugee Board recognizes as a Convention refugee or a person in need of protection
- a visa officer outside Canada accepts for resettlement to Canada as someone who needs protection
Most people who have a successful Pre-Removal Risk Assessment are also protected persons. But this is not true if they’re inadmissible to Canada for certain reasons, for example, they’re considered a security risk. In that situation, they’re not ordered to leave Canada, but Canada Border Services Agency can review the decision to let them remain in Canada.
In Criminal Law, Employment and Work, Human Rights, Refugee Law
A record suspension used to be called a pardon. If you have a criminal record, you may be able to apply to the Parole Board of Canada for a record suspension. If you get a record suspension, your criminal record is not erased. But it is set aside and you can say you don’t have one.
There are rules about how long you have to wait to apply and what you need to show for your application to be successful.
In Immigration Law, Refugee Law
A removal order says that a person must leave Canada. There are 3 types of removal orders:
In Abuse and Family Violence, Criminal Law, Family Law, Immigration Law, Refugee Law
A sentence is a punishment given to someone found guilty of an offence. A sentence for an adult can include jail time, but it does not have to. A sentence can also include a fine or a period of probation. Sentences for youth are different.
In Immigration Law, Income Assistance, Refugee Law
A sponsorship undertaking refers to the period of time when a sponsor is financially responsible for the person they sponsor. It starts on the day the sponsored person becomes a permanent resident and ranges from 3 to 20 years, depending on the family class category the person was sponsored under.
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 Employment Insurance, Immigration Law, Income Assistance, Refugee Law
A temporary resident is someone who has permission from Immigration, Refugees and Citizenship Canada to be in Canada for a specific period of time. This includes visitors, people with some study permits, people with some work permits, and people with Temporary Resident Permits.
Not everyone who’s allowed to enter Canada is a temporary resident. For example, if you make a refugee claim, this does not give you the status of a temporary resident. But you can remain in Canada until your refugee claim process is complete.
In Immigration Law, Income Assistance, Refugee Law
A Temporary Resident Permit is a special permit from Immigration, Refugees and Citizenship Canada (IRCC) that lets a person live in Canada for a certain period of time. If IRCC gives someone a Temporary Resident Permit, they agree to let the person stay in Canada temporarily. And they do this even though the person has not met a requirement or is inadmissible to Canada. IRCC can cancel the permit at any time.
In some situations, after being on a Temporary Resident Permit for a certain period of time, the person may be able to apply for permanent resident status.
In Immigration Law, Refugee Law
The Refugee Protection Division (RPD) of the Immigration and Refugee Board makes a vacation order if it decides that a protected person got that status by “misrepresentation”. This means that they said something that was not true or accurate, or they left out information that they were required to give. This applies only if the person would not have gotten protected status if they’d given the correct or missing information. If Canada Border Services Agency applies to the RPD for a vacation order, the protected person has the right to a hearing.
A vacation order can lead to a protected person being ordered to leave Canada.
