Law Notes Immigration and Refugee Law Notes
This course was taken with Professors Lorne Waldman and Jacqueline Swaisland. Both practice exclusively in the area of immigration and refugee law and are known for high-level litigation at the Supreme Court of Canada. Given extensive changes in the Immigration and Refugee Protection Act in Canada, please note that some legislative provisions and regulations may have changed. It is advised that you cross-reference provision and regulation numbers for accuracy....
The following is a more accessible plain text extract of the PDF sample above, taken from our Immigration and Refugee Law Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
PART II: GLOBAL MIGRATION AND DOMESTIC POLICY |
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23 million people live outside of their country of origin (1/3 of the world’s population)
Reasons for travel outside of country include: geography (cost of travel, geographic limitations), economy, nature of system (ex. timelines, benefits), social advantages (health care, family networks, community), visa/entrance requirements, etc.
Causal factors related to the voluntary movement of migrants:
1) highly skilled workers
2) demand for manual labour
3) family reunification
4) worker/food safety
5) population explosion
6) globalization
7) students (2.8 million abroad; consider their ability to be part of the experienced class to obtain PR)
Domestically, 20% of Canadians are foreign born; economic immigrants comprise most of the PR class in Canada (most from Asia and Pacific)
Historically, Canada’s track record is poor. Consider
Chinese Immigration Act 1885 which imposed a head tax (23 million was collected from the Chinese until 1923)
Black and Aboriginal slaves in the loyalist population (some were not given same inducements or land grants). In 1911, an Order-In-Council was passed deeming them unsuitable to the climate in Canada
Refugees by boat: Komagata Mavu IN 1914 (376 turned away), Jews on SS Louis coming from Germany (937 turned away in 1939), Tamil boats in 2009-2010 (MV Ocean Lady, MV Sun Sea) (which resulted in indefinite detention)
Historically, other exclusive provisions include: criminals, alcoholics, illiteracy, illegitimacy, attempted suicide, disability and deportation as a means of silencing foreign labour agitators
Today, it remains as such: Consider C-43 and the legality of detention for a year without the possibility of independent review. The legislation also denies family reunification and right to travel aboard for less than 5 years.
Racism: IRPA with respect to distribution posts (s. 15 backlog claims have ensued as a result), point system (favouring young, healthy workers, right of permanent residence fee ($975), principal investor ($1050), sponsorship ($550), 81% of countries requiring visas are from the south and 19% are predominantly white, requirements producing identity documents
Forced Migration
Causes include civil strife, persecution, laws of the land contrary to one’s values, environmental migrants, development-induced displacement (ex. deforestation or mining), disaster-induced migration (ex. tsunamis, degradation, etc.)
How they differ from voluntary migrants:
Choice of destination out of necessity
Many go to developing countries due to proximity
Some may be subject to life in refugee camps which have serious constraints (Ex. UNHCR capacities)
Reliance on goodwill countries
Can be sent home if conditions in country of origin change
If the Minister can demonstrate on a BOP that a PR’s home country conditions have improved, that person can be sent back to their home country (based on human rights reports, UNHCR reports, amnesty international, etc.)
Debatable “forced” categories: discrimination, medical concerns, trafficking/smuggling, regular/irregular migrants (regular being those who go through the procedure overseas and irregular being migrants who have not gone through these means – ex. Tamil boats)
EFFECTS ON COUNTRY OF ORIGIN | EXAMPLES |
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EFFECTS ON DESTINATION STATE | |
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SECONDARY MATERIALS – GLOBAL MIGRATION |
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I. Joseph Carens, “Open Borders and the Claims of Community” (Ch 9: Case for Open Borders) |
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Thesis: Borders should generally remain open and people should choose freely to live where they want to build a better life for themselves (focus on liberty)
limitation of entry, historically, is linked to birthright privileges, but there is no natural social order, and all human beings are of equal moral worth
borders should stay open because 1) freedom of mobility is a prerequisite to many freedoms, and is essential for equality of opportunity 2) commitment to equal moral worth means commitment to keeping economic, social and political inequalities low
immigration law is the basic right of states on an international level – what is deemed morally correct with respect to the regulation of borders should be challenged
open borders creates distributive justice and speaks to egalitarianism
exceptions to open border national security and disease
II: Michael Trebilock, The Laws and Economics of Immigration Policy |
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Thesis: Statistics have demonstrated that immigration has been a net benefit to the vast majority of residents of destination countries. Empirical studies also demonstrate that an increase in immigration numbers plays little role in reducing...
Buy the full version of these notes or essay plans and more in our Immigration and Refugee Law Notes.
This course was taken with Professors Lorne Waldman and Jacqueline Swaisland. Both practice exclusively in the area of immigration and refugee law and are known for high-level litigation at the Supreme Court of Canada. Given extensive changes in the Immigration and Refugee Protection Act in Canada, please note that some legislative provisions and regulations may have changed. It is advised that you cross-reference provision and regulation numbers for accuracy....
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