Podcast
Questions and Answers
Under which section of the IRPA was the discretionary power for the Minister to deny temporary residence on public policy grounds introduced?
Under which section of the IRPA was the discretionary power for the Minister to deny temporary residence on public policy grounds introduced?
- Section 22.1 (correct)
- Section 2.21
- Section 12.2
- Section 21.2
What is the maximum duration for which a declaration denying temporary residence based on public policy grounds can initially be issued by the Minister?
What is the maximum duration for which a declaration denying temporary residence based on public policy grounds can initially be issued by the Minister?
- Indefinite, until revoked
- Up to three years (correct)
- Up to five years
- Up to one year
Who is responsible for the discretionary power to deny temporary residence on public policy grounds?
Who is responsible for the discretionary power to deny temporary residence on public policy grounds?
- The Prime Minister of Canada
- A designated immigration officer
- The Deputy Minister of Immigration
- The Minister of Immigration, Refugees and Citizenship (correct)
Which of the following best describes a criticism leveled against Section 22.1 of the IRPA as presented in the text?
Which of the following best describes a criticism leveled against Section 22.1 of the IRPA as presented in the text?
According to the IRCC guidelines mentioned, which of the following is considered a broad area of concern for denying temporary residence under public policy considerations?
According to the IRCC guidelines mentioned, which of the following is considered a broad area of concern for denying temporary residence under public policy considerations?
How many times, according to the text, has the Minister exercised the power granted by Section 22.1 of the IRPA since its implementation?
How many times, according to the text, has the Minister exercised the power granted by Section 22.1 of the IRPA since its implementation?
What is the primary function of a visa, as described in the text?
What is the primary function of a visa, as described in the text?
Where are visas, for entry into Canada, typically issued?
Where are visas, for entry into Canada, typically issued?
What is the primary purpose of a counterfoil in the context of international travel documents?
What is the primary purpose of a counterfoil in the context of international travel documents?
According to the provided text, what is indicated when a visa officer issues a visa to a foreign national?
According to the provided text, what is indicated when a visa officer issues a visa to a foreign national?
Which of the following is definitively stated regarding the relationship between visa issuance and status in Canada?
Which of the following is definitively stated regarding the relationship between visa issuance and status in Canada?
Where should a foreign national typically submit a visa application to the IRCC?
Where should a foreign national typically submit a visa application to the IRCC?
What is the general format requirement for all Canadian immigration applications?
What is the general format requirement for all Canadian immigration applications?
During the visa application process, what actions might a foreign national be required to undertake?
During the visa application process, what actions might a foreign national be required to undertake?
For permanent residence applications, under what circumstances are medical examinations mandatory?
For permanent residence applications, under what circumstances are medical examinations mandatory?
For permanent residence applications, for which period of residency in another country is a police certificate typically required?
For permanent residence applications, for which period of residency in another country is a police certificate typically required?
What is the significance of the expiration date printed on a Canadian visa?
What is the significance of the expiration date printed on a Canadian visa?
What definitively establishes temporary or permanent resident status in Canada?
What definitively establishes temporary or permanent resident status in Canada?
What is the primary condition that a visa officer must be satisfied with before issuing a visa or confirmation of permanent residence?
What is the primary condition that a visa officer must be satisfied with before issuing a visa or confirmation of permanent residence?
Under what general condition is a foreign national required to obtain a Temporary Resident Visa (TRV) to enter Canada?
Under what general condition is a foreign national required to obtain a Temporary Resident Visa (TRV) to enter Canada?
What is the role of background checks in the Canadian visa application process?
What is the role of background checks in the Canadian visa application process?
Which of the following is NOT explicitly mentioned as a general category under which foreign nationals may apply for a temporary resident visa?
Which of the following is NOT explicitly mentioned as a general category under which foreign nationals may apply for a temporary resident visa?
Besides single-entry and multiple-entry visas, what other types of Temporary Resident Visas (TRVs) are explicitly mentioned?
Besides single-entry and multiple-entry visas, what other types of Temporary Resident Visas (TRVs) are explicitly mentioned?
What is the typical validity period of a single-entry Temporary Resident Visa mentioned in the text?
What is the typical validity period of a single-entry Temporary Resident Visa mentioned in the text?
Whose responsibility is it to ensure a visa application is clear and includes necessary documentation?
Whose responsibility is it to ensure a visa application is clear and includes necessary documentation?
Under what circumstances is a visa applicant automatically entitled to a personal interview?
Under what circumstances is a visa applicant automatically entitled to a personal interview?
According to the provided text, what is a primary concern for visa officers when assessing temporary resident visa applications?
According to the provided text, what is a primary concern for visa officers when assessing temporary resident visa applications?
What must applicants convince a visa officer of to increase the likelihood of their temporary resident visa being approved?
What must applicants convince a visa officer of to increase the likelihood of their temporary resident visa being approved?
Which of the following questions is suggested as a factor for immigration officers to consider when reviewing a temporary resident visa application?
Which of the following questions is suggested as a factor for immigration officers to consider when reviewing a temporary resident visa application?
Prior to 2002, what was a key requirement for temporary resident visa applicants under the former Immigration Act?
Prior to 2002, what was a key requirement for temporary resident visa applicants under the former Immigration Act?
Subsection 22(2) of the IRPA introduces the concept of 'dual intent'. What does this concept primarily recognize?
Subsection 22(2) of the IRPA introduces the concept of 'dual intent'. What does this concept primarily recognize?
When must applicants demonstrate that they continue to meet the requirements for admission?
When must applicants demonstrate that they continue to meet the requirements for admission?
What was the visa officer's primary concern regarding the applicant's likelihood of overstaying in Canada?
What was the visa officer's primary concern regarding the applicant's likelihood of overstaying in Canada?
The visa officer's assertion about elderly widowed women in Pakistan typically living with sons was used to question which aspect of the application?
The visa officer's assertion about elderly widowed women in Pakistan typically living with sons was used to question which aspect of the application?
How did the visa officer characterize the applicant's previous travel to Saudi Arabia?
How did the visa officer characterize the applicant's previous travel to Saudi Arabia?
What principle did the court invoke when disagreeing with the visa officer's inference based on the applicant's son's immigration status?
What principle did the court invoke when disagreeing with the visa officer's inference based on the applicant's son's immigration status?
What is the primary purpose of the eTA program?
What is the primary purpose of the eTA program?
The court described the visa officer's cultural assumption about widowed women in Pakistan as:
The court described the visa officer's cultural assumption about widowed women in Pakistan as:
In response to the visa officer's dismissal of the Saudi Arabia trip, the court asserted that a trip from Pakistan to Saudi Arabia is:
In response to the visa officer's dismissal of the Saudi Arabia trip, the court asserted that a trip from Pakistan to Saudi Arabia is:
Which individuals are exempt from requiring an eTA when traveling to Canada?
Which individuals are exempt from requiring an eTA when traveling to Canada?
While acknowledging the 'decent income' of the applicant's grandson and his wife, what specific documentation did the visa officer find lacking?
While acknowledging the 'decent income' of the applicant's grandson and his wife, what specific documentation did the visa officer find lacking?
Why was the eTA program introduced according to the joint declaration with the United States?
Why was the eTA program introduced according to the joint declaration with the United States?
Based on the court's review, the visa officer's conclusion regarding the applicant's intention to return to Pakistan was deemed:
Based on the court's review, the visa officer's conclusion regarding the applicant's intention to return to Pakistan was deemed:
What concern did Christopher G Anderson raise about the eTA program?
What concern did Christopher G Anderson raise about the eTA program?
What potential negative outcome of the eTA program is highlighted by its critics?
What potential negative outcome of the eTA program is highlighted by its critics?
Flashcards
Temporary Resident Visa (TRV)
Temporary Resident Visa (TRV)
An official document allowing a foreign national to enter Canada for a specific purpose and duration.
Work Permit
Work Permit
A document required to enter Canada for work purposes.
Study Permit
Study Permit
A document required to enter Canada for study purposes.
Multiple-Entry Visa
Multiple-Entry Visa
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Single-Entry Visa
Single-Entry Visa
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Transit Visa
Transit Visa
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Super Visa
Super Visa
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Temporary Resident Permit
Temporary Resident Permit
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Minister's Discretionary Power (IRPA Section 22.1)
Minister's Discretionary Power (IRPA Section 22.1)
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Duration of the Minister's Power
Duration of the Minister's Power
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Criticism of the Minister's Power
Criticism of the Minister's Power
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IRCC Guidelines for Discretionary Power
IRCC Guidelines for Discretionary Power
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Temporary Resident Visa
Temporary Resident Visa
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Types of Visas
Types of Visas
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What is a counterfoil?
What is a counterfoil?
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What is a visa?
What is a visa?
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What is residency status in Canada?
What is residency status in Canada?
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What is the purpose of a visa in relation to Canada?
What is the purpose of a visa in relation to Canada?
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What is the process of establishing residency status in Canada?
What is the process of establishing residency status in Canada?
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What is the process of applying for a visa?
What is the process of applying for a visa?
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What is inadmissibility?
What is inadmissibility?
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What is the relationship between visa validity and residency status?
What is the relationship between visa validity and residency status?
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Applicant's onus
Applicant's onus
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Dual intent
Dual intent
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Leaving Canada at the end of authorized period
Leaving Canada at the end of authorized period
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Connection to country of origin
Connection to country of origin
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Supporting documentation
Supporting documentation
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Applicant
Applicant
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What is the eTA program?
What is the eTA program?
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What prompted the creation of the eTA program?
What prompted the creation of the eTA program?
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What is the primary purpose of the eTA program?
What is the primary purpose of the eTA program?
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How does the eTA application process work?
How does the eTA application process work?
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What criticism has been raised against the eTA program?
What criticism has been raised against the eTA program?
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Imputed Conduct
Imputed Conduct
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Gross Generalization
Gross Generalization
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Cultural Insights
Cultural Insights
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Disregard for International Travel
Disregard for International Travel
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Decent Income
Decent Income
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Assumption of Similar Conduct
Assumption of Similar Conduct
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Assumption of Residence Intention
Assumption of Residence Intention
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Cultural Practices as Evidence
Cultural Practices as Evidence
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Study Notes
1. A Two-Step Process
- Foreign nationals typically apply for a visa from abroad, then apply for admission to Canada at a port of entry.
- This two-step process is outlined in the IRPA and its regulations (IRPR).
- Section 11(1) of the IRPA details the visa application process.
- Section 20 of the IRPA governs acquiring status upon entry.
- A foreign national must meet specific requirements to become a permanent or temporary resident if entering Canada.
- Permanent residents must show they want to establish permanent residence, and fulfill corresponding requirements indicated (s.20(1)(a))
- Temporary residents must show that they plan to leave by the end of their stay, and fulfill corresponding requirements indicated (s.20(1)(b))
- Section 21 of the IRPA describes permanent residency; while section 22 describes temporary residency under the IRPA.
- Section 22.1 of the IRPA stipulates circumstances where the Minister of Immigration can deny entry to a temporary resident.
2. Visas
- Visas (permanent or temporary) are official documents issued by a visa office abroad, placed in a passport, that show eligibility for admission to Canada.
- Issuance of a visa indicates the visa officer satisfied that the holder meets requirements.
- A visa, however, doesn't establish status; status is verified upon arrival in Canada.
- Applicants may be required to provide documents, appear for interviews, undergo medical examinations, and submit to background checks before visa issuance.
- An expiration date is part of a visa, defining the valid period of entry into Canada.
- Visa application procedures (online or mailed) depend on the specific program.
3. Applying for Permanent Resident Visas
- Foreign nationals cannot enter Canada for permanent residency without a permanent resident visa (IRPR, Section 6).
- There are varying requirements for permanent residency:
- Some programs allow applications from within Canada.
- For certain economic programs, applicants may have already used the Express Entry system.
- Applicants abroad may be required to submit forms (often for programs outside the Express Entry system).
- In application process, the visa officer will assess admission conditions (including the applicant not being inadmissible).
4. Applying for Temporary Resident Visas (TRVs) and Electronic Travel Authorizations (eTAs)
- Foreign nationals need a Temporary Resident Visa (TRV) to stay in Canada temporarily.
- Foreign nationals can apply under visitor, worker, or student categories (IRPR).
- The types of temporary resident visas include single-entry, multiple-entry, transit, and super visas.
- Canada has some visa-exempt countries.
- The eTA (electronic travel authorization) system is a requirement for some foreign nationals from visa-exempt countries.
- The eTA is meant to improve screening for inadmissible foreign nationals.
5. Cases on Visa Applications
- Visa applications often involve cases of appeal and judicial review.
- Applicant decisions can be appealed, yet there is no formal appeal process when a temporary residency visa application is rejected.
- Judicial review is an option for rejected applications.
- Courts have emphasized that visa officers have discretion on decision-making.
- Applicants have the onus to provide sufficient documentation for their visa application (supporting documents, income and assets).
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