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ISBN: 9781552213926

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Immigration Law, 2/e

Canadian immigration and citizenship law has been subject to frequent and seemingly frenzied revision and reformulation by the government of the day as it attempts to identify the country’s social, economic, and demographic needs and to respond to perceived threats to its sovereign control over Canada’s borders.

This book builds upon the first edition as an introductory guide to immigration, refugee, and citizenship law. Its aim is to provide an overview, or a starting point, both for those who want to investigate the mechanics of Canada’s immigration regime and for those who want to assess, critique, or question the aims and impacts of the law.

The book is divided into four parts. Part 1 provides context and delves into the sources and evolution of Canadian immigration law. Part 2 examines status in Canada, identifying how persons may obtain, keep, and lose temporary or permanent status. Part 3 discusses the devices that the Canadian government uses to enforce immigration law. Part 4 examines judicial supervision of government action under the immigration regime, and in particular judicial review and constitutional challenges.

Anyone interested in the general shape and sense of Canada’s immigration law and policy, in its evolution, and in the issues that will dominate the field in the future, will want to read this book.

Contributors

Jamie Chai Yun Liew

A daughter of a stateless immigrant to Canada, Jamie Chai Yun Liew is an immigration and refugee lawyer who has appeared at the Immigration and Refugee Board, Federal Court, Federal Court of Appeal, and the Supreme Court of Canada. She is also an assistant professor at the Faculty of Law, University of Ottawa, where she teaches, among other courses, Immigration and Refugee Law, Advanced Refugee Law, and Administrative Law. Professor Liew is the holder of degrees in political science and commerce from the University of Calgary, international affairs from Carleton University, and law from the University of Ottawa and Columbia University. She is a member of litigation committees for the Canadian Council for Refugees and the Canadian Association of Refugee Lawyers, and her research focuses on the performative and consequential aspects of how Canadian law is affecting refugees and immigrants. Having clerked with Justice Douglas Campbell at the Federal Court of Canada, Professor Liew was also a member of the Sesay defence team at the Special Court in Sierra Leone and the Commission counsel team at the Cornwall Public Inquiry.

Donald Galloway

Donald Galloway is a professor of law at the University of Victoria, where he teaches Immigration and Citizenship Law, Refugee Law, and Torts. Professor Galloway has degrees in law and philosophy from the University of Edinburgh and Harvard University. He has served as a member of the Refugee Division of the Immigration and Refugee Board and as a member of the executive of the Canadian Association of Refugee Lawyers. Professor Galloway has appeared as an expert before House of Commons and Senate committees, and is the recipient of the Bora Laskin National Fellowship in Human Rights Research.

Chapter Title Abstract Contributors Pages Year Price

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Overview for those who want to investigate the mechanics of Canada’s immigration regime and for those who want to access, critique or question the aims and impacts of the law. ; 2 $0.20

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Examination of the historical development of immigration law. ; 29 $2.90

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Examination of the legal sources that circumscribe the boundaries of authority of officials within the immigration system. ; 43 $4.30

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Examination of the basic architecture of Canadian immigration law based on its attribution of status to every living person as either a foreign national, permanent resident, or citizen. ; 11 $1.10

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Examination of the legal framework defining the process to obtain and retain temporary resident status. ; 44 $4.40

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Examination of the process to obtain permanent resident status based on the ability to become economically established in Canada. ; 45 $4.50

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Examination of the process to obtain permanent resident status through sponsorship by close relatives who are citizens or permanent residents. ; 50 $5.00

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Examination of the principles underlying the process by which foreign nationals may acquire permanent resident status by establishing need of protection from conditions in their country of nationality. ; 4 $0.40

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Examination of Canada’s policies and practices of resettlement of refugee applicants from a country of refuge into Canada. ; 16 $1.60

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Examination of the process to determine whether a claimant qualifies as a refugee under the Convention relating to the Status of Refugees. ; 55 $5.50

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Examination of the concepts of Convention refugees and persons in need of protection as defined in the Immigration and Refugee Protection Act, including consideration of the availability of state … ; 62 $6.20

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Examination of the process that prevents a Convention refugee or a protected person from being removed from Canada to a country where there is a risk of persecution, torture, death, or cruel and … ; 33 $3.30

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Examination of the process by which permanent resident status or a permanent resident visa may be granted to a foreign national who would otherwise not qualify by statute or regulation. ; 43 $4.30

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Historical review of the development of Canadian citizenship law plus an examination of the criteria for obtaining citizenship, the rights and responsibilities that attach, and the processes by … ; 32 $3.20

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Examination of the criteria used to find a person inadmissible to Canada. ; 61 $6.10

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Examination of enforcement measures implemented within Canada in respect of whether a person ought to be allowed entry and on what conditions, and whether a person ought to be detained or removed. ; 60 $6.00

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Overview of the process of judicial review of decisions relating to a person’s status, including grounds and available remedies. ; 41 $4.10

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Examination of the application of the Charter to the immigration process. ; 36 $3.60

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Chart of current federal-provincial/territorial agreements in place with web addresses for provincial nominee programs to fill local labour markets and economic needs. ; 3 $0.30