IRPA — Immigration and Refugee Protection Act
The federal statute that governs Canadian immigration and refugee law. Enacted in 2001, replacing the prior Immigration Act. Establishes objectives, eligibility, inadmissibility, refugee protection, and removal procedures.
What is IRPA?
The Immigration and Refugee Protection Act (IRPA) is the primary federal statute governing Canadian immigration and refugee law. Enacted in 2001 (in force since 28 June 2002), it replaced the prior Immigration Act and consolidated the immigration and refugee-protection regimes into one law.
Structure of IRPA
IRPA is divided into 3 main parts:
- Part 1 — Immigration: temporary residents, permanent residents, sponsorship, inadmissibility, removal
- Part 2 — Refugee Protection: Convention refugees, persons in need of protection, RPD/RAD/PRRA procedures
- Part 3 — Enforcement and other: detention, offences, appeals, transitional provisions
Most-cited IRPA sections
- s.11 — Application before entering Canada (the basic application requirement)
- s.16 — Obligation to answer truthfully (foundation of misrepresentation findings)
- s.25 — H&C discretion (Humanitarian and Compassionate applications)
- s.34-37 — Inadmissibility grounds (security, human rights, criminality, organized crime)
- s.38 — Inadmissibility for health (medical inadmissibility)
- s.96 — Convention refugee definition
- s.97 — Person in need of protection definition
- s.117 — Smuggling offence
- s.118 — Trafficking offence
- s.122 — Possession of false documents
IRPA vs IRPR
IRPA is the statute (legislation passed by Parliament). The Immigration and Refugee Protection Regulations (IRPR) are the detailed implementing rules made under IRPA — covering specifics like settlement-funds thresholds, document requirements, and program eligibility.
Why this matters for your file
Every refusal letter cites a specific IRPA section as the legal basis. Knowing which section was cited tells you whether the refusal is challengeable by reapplication (substantive disagreement on facts) or by Federal Court judicial review (legal error in applying IRPA).
Not sure how IRPA applies to your file?
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