Immigration & Refugee Law

In recent years, the law surrounding the granting, resumption, and loss of Canadian Citizenship, and the rights and responsibilities of Canadian Citizens, has undergone significant change and have been controversial. As a result, there have been some high profile legislative changes to the federal Citizenship Act, this text reviews that.

This title is part of the IMMIGRATION LAW SERIES.
This resource provides a comprehensive analysis of Canada’s policies and procedures for family reunification. Unlike other texts in this area, this book’s practical approach guides readers through the current avenues and barriers of family class sponsorship, helping immigration lawyers and consultants develop successful advocacy strategies for their clients. Readers will gain a cohesive understanding of sponsorship, the rights of spouses and partners, adoption of children, the reunification of parents and grandparents, family reunification in the refugee context, and reunification through humanitarian and compassionate grounds.

This book undertakes a transnational study that examines the demise of Britishness as a defining feature of the conceptualisation of citizenship in Australia, Canada, and Aotearoa New Zealand and the impact that this historic shift has had on Indigenous and other ethnic groups in these states.

As the law and politics of migration become increasingly intertwined, this thought-provoking Research Handbook addresses the challenge of analysing their growing relationship. Discussing the evolving theoretical approaches to migration, it explores the growing attention given to the legal frameworks for migration and the expansion of regulation, as migration moves to the centre of the political global agenda.

This book provides a new and powerful account of the demands of justice on immigration law and policy. Drawing principally on the work of Adam Smith, Immanuel Kant, and John Rawls, it argues that justice requires states to give priority of admission to the most disadvantaged migrants, and to grant some form of citizenship or non-oppressive status to those migrants who become integrated. It also argues that states must avoid policies of admission and exclusion that can only be implemented through unjust means. It therefore refutes the common misconception that justice places no limits on the discretion of states to control immigration.

An effective protection of minors, whose migration status is not regulated, but whose numbers keep increasing, is an issue in all regions of the globe. Accordingly, one the main areas of reflection in the present volume are legal obligations applicable to children lacking proper documentation, citizenship or registration and thus being in an "irregular' situation.

Judicial Review of Immigration Decisions offers expert insight and practical advice on every step of the judicial review process – from filing the initial motion for leave to appealing a decision of the Federal Court of Appeal. In addition, this text provides detailed interpretation of the applicable Federal Courts Citizenship, Immigration and Refugee Protection Rules, as well as in-depth analysis of the relevant jurisprudence. This text also features an extensively researched discussion of the grounds for and standards of review, including a synthesis of the applicable case law, and in particular, the 2019 Supreme Court of Canada decision in Canada (Citizenship and Immigration) v. Vavilov.

Beginning their study in the pre-Confederation period, the authors tell of the dramatic transformations that have characterized our attitudes towards immigrants. While, at first, few obstacles were placed in the way of newcomers to Canada, the turn of the century brought policies of increasing selectivity. This study reveals a set of core normative and ethical values that have been fundamental in the making of the Canadian mosaic.

Every year, over 1.3 million people apply to visit, work, or settle in Canada. The task of determining who is allowed in falls to visa officers, civil servants whose job it is to enhance and protect Canadian society. As gatekeepers, they yield tremendous power over the lives of the applicants they screen. In the face of such enormous responsibility, how do they assess credibility and risk?

Immigrant women are not only at greater risk of experiencing domestic violence but they also under-utilize mainstream services because their needs are not adequately met there. Based on interviews with service providers from the immigration, criminal justice and family justice systems in four different communities in BC, Hiding in Plain Sight examines the barriers encountered by abused immigrant women across Canada as they seek services and support, and identifies the key challenges for abused immigrant women accessing services as well as the struggles service organizations experience in meeting their needs.

In an era of mass mobility, those who are permitted to migrate and those who are criminalized, controlled, and prohibited from migrating are heavily patterned by race. By placing race at the centre of its analysis, this volume brings together fourteen essays that examine, question, and explain the growing intersection between criminal justice and migration control.

This book proposes a cosmopolitan ethics that calls for analyzing how economic and political structures limit opportunities for different groups, distinguished by gender, race, and class. The author explores the implications of criticisms from the social sciences of Eurocentrism and of methodological nationalism for normative theories of mobility. These criticisms lend support to a cosmopolitan social science that rejects a principled distinction between international mobility and mobility within states and cities.

Also available in print: K3274.A6 B49 2017 LAW.
States have long denied basic rights to non-citizens within their borders, and international law imposes only limited duties on states with respect to those fleeing persecution. But even the limited rights previously enjoyed by non-citizens are eroding in the face of rising nationalism, populism, xenophobia, and racism. Beyond Borders explores what obligations we owe to those outside our political community.