Podcast
Questions and Answers
What is the primary purpose of Section 46 of the IRPA?
What is the primary purpose of Section 46 of the IRPA?
- To provide a mechanism for suspending deportation orders in exceptional humanitarian cases. (correct)
- To outline the process for appealing deportation orders based on errors of law.
- To expedite the deportation process for individuals deemed a threat to national security.
- To automatically halt all deportation orders for individuals with pending appeals.
Which factor is LEAST likely to be considered under Section 46 when evaluating a request to suspend a deportation order?
Which factor is LEAST likely to be considered under Section 46 when evaluating a request to suspend a deportation order?
- The individual's financial assets and economic stability in their country of origin. (correct)
- The potential violation of the individual's fundamental human rights upon deportation.
- The potential negative impact of deportation on the individual's family life in Canada.
- Serious health concerns of a close family member residing in Canada.
Under Section 46, 'undue hardship' in the context of deportation is BEST described as hardship that:
Under Section 46, 'undue hardship' in the context of deportation is BEST described as hardship that:
- is comparable to the typical challenges faced by all deported individuals.
- primarily involves financial losses and economic disadvantages for the individual.
- reaches a threshold of severity that includes significant negative impacts on family, health, or fundamental rights. (correct)
- is merely inconvenient or requires significant lifestyle adjustments.
The concept of 'fundamental human rights' within Section 46 primarily relates to:
The concept of 'fundamental human rights' within Section 46 primarily relates to:
What role does discretion play for courts and tribunals when considering suspensions under Section 46?
What role does discretion play for courts and tribunals when considering suspensions under Section 46?
How does 'case law' primarily influence the application of Section 46?
How does 'case law' primarily influence the application of Section 46?
What is the applicant's responsibility when seeking a suspension of a deportation order under Section 46?
What is the applicant's responsibility when seeking a suspension of a deportation order under Section 46?
Section 46 reflects a balancing act between which two potentially conflicting interests?
Section 46 reflects a balancing act between which two potentially conflicting interests?
Flashcards
Section 46 of IRPA
Section 46 of IRPA
A legal provision allowing suspension of deportation orders in exceptional cases.
Exceptional Circumstances
Exceptional Circumstances
Unique situations that may justify suspending a deportation order.
Humanitarian Considerations
Humanitarian Considerations
Factors concerning the well-being and safety of individuals and families affected by deportation.
Fundamental Human Rights
Fundamental Human Rights
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Discretion of Courts
Discretion of Courts
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Evidence of Hardship
Evidence of Hardship
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Procedural Requirements
Procedural Requirements
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Case Law
Case Law
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Study Notes
Section 46 of the IRPA (Immigration and Refugee Protection Act)
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Section 46 of the IRPA outlines the grounds for suspending deportation orders. This typically applies to individuals whose presence creates exceptional humanitarian or other significant concerns.
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The section details factors courts and tribunals use when assessing suspension requests. These factors are complex and varied.
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It highlights considering potential harm to the individual and/or dependents, along with humanitarian factors. This often involves evaluating their ties to Canada and/or their country of origin.
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Section 46 is designed for situations where deportation would cause undue hardship, including:
- Significant negative impacts on family life or family members.
- Serious health concerns of the individual or a close family member.
- Potential loss of significant social support networks.
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A crucial aspect is determining if deportation violates their fundamental human rights, relating to international human rights standards.
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Courts and tribunals have discretion in suspending deportation orders; suspension isn't automatic.
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Case law significantly impacts interpreting and applying Section 46, with courts often referencing prior precedents.
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Applicants must prove exceptional circumstances warranting deportation suspension.
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Safety factors for the individual or others are considered, important in cases involving potential risk.
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Procedural requirements include specific steps, documentation, deadlines, and court procedures.
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The section acknowledges the balancing act between upholding immigration laws and the humanitarian consequences of deportation.
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Individual circumstances, background, possible risks and compelling reasons against deportation, all influence how Section 46 is interpreted and applied.
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This section illustrates the complex decision-making process in immigration law, demanding careful balancing of factors and not always being straightforward.
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Decisions under Section 46 are appealable with specific timelines and procedures.
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Description
This quiz covers Section 46 of the Immigration and Refugee Protection Act (IRPA), focusing on the circumstances under which a deportation order may be suspended. It examines the factors that courts or tribunals consider in suspension requests, including humanitarian concerns and potential harms to individuals and their families. Test your understanding of the exceptions that this section addresses.
