A​

• accredited interpreter: an interpreter used in a refugee hearing who has undergone a security check and has passed a language exam

• acquittal: a finding of not guilty

• administrative tribunal: a quasi-judicial body established under legislation to implement legislative policy — for example, the Immigration and Refugee Board is an administrative tribunal established under the IRPA

• admissibility hearing: the hearing that is held at the Immigration Division when a person allegedly breaches Canadian immigration laws pursuant to s. 44 of the IRPA, where an officer is of the opinion that a permanent resident or foreign national is inadmissible

• agent: a person appointed by a participant in a proceeding to represent him or her; usually distinguished from counsel; also called a "representative" or "advocate"

• alienage: being outside one's country of nationality or citizenship. One of the four inclusion elements of the refugee definition; a refugee must be outside of his/her country of nationality/citizenship or, if stateless, his/her country of former habitual residence and, owing to a fear of persecution, must be unable or unwilling top avail himself/herself of the protection of that country

• annexation: attachment

• annulment: a declaration that the marriage was never valid

• appeal: a request for a review of an agency's decision by a higher authority such as a court or a senior government official or body; a right that is available only when provided by statute; distinguished from judicial review

• appellant: a person who appeals a decision of a government official, a tribunal, or a court

• applicant: party who files an application with a court or other tribunal

• application: in the immigration and refugee context, a request that can be made orally or in writing to an officer or other decision-maker by a person seeking a government action

• arrest: to take a person into legal custody

• asylum seeker: a term used interchangeably with "refugee claimant"

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B

• bad faith: for improper purposes, in order to obtain an unfair advantage

• balance of probabilities: the standard of proof in civil lawsuits and most arbitrations; requires that a party prove that its version of the facts is more probable than that of its opponent; this is much lower standard of proof than that required un criminal court, where the evidence must establish "beyond a reasonable doubt" that an accused is guilty

• Basis of Claim (BOC) Form: a form used to present a refugee protection claim to the RPD; includes information about the claimant and a detailed account of the basis for his/her claim

• bona fide: in good faith

• breach of contract: failure, without legal excuse, to perform a promise imposed by contract

• burden of proof: the responsibility for proving a fact, proposition, guilt, or innocence; can rest with either party in a civil or criminal matter, according to the applicable rules of procedure

• business visitor: a foreign worker who seeks admission to Canada through some sort of pre-arrangement, such as an employment contract or under NAFTA or GATS, and whose primary source of remuneration remains outside Canada

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C

• Canadian educational credential: any diploma, certificate, or credential issued on the completion of a Canadian program of study or training at a registered/accredited educational or training institution (IRPR, s 73(1))

• Canadian Orientation Abroad (COA) Program: a one- to five-day program designed to help integrate refugees into Canadian society

• cessation clause: a clause that provides the framework for when protection may lawfully cease under s. 108 of the IRPA

• citizen: a person who has the right to live in a country by virtue of birth or by legally acquiring the right

• citizenship: the full political and civil rights in the body politic of the state

• citizenship judges: quasi-judicial decision-makers who have the authority to decide citizenship applications

• co-signer: a spouse or common law partner of a sponsor who co-signs with a sponsor who does not have the necessary financial means to be an approved sponsor

• common law partner: also known as a common law spouse; a person who is cohabiting with the person in a conjugal relationship and has done so for at least one year; applicable to both opposite-sex and same-sex relationships (IRPR, s 1)

• community sponsor: organizations, associations, and corporations that sponsor refugees

• Comprehensive Ranking System (CRS): a point-based system that assesses and scores potential skilled worker candidates on their skills, work experience, language ability, education, and other factors, such as a job offer or a nomination by a province or territory

• conditional removal order: a departure order with conditions attached; issued pending the outcome of a refugee claim

• Confirmation of Permanent Residence (CoPR): a document that allows a foreign national. to travel to Canada to seek entry as a permanent resident

• conflict of interest: a situation in which a decision-maker has a personal or financial interest in the outcome of the proceeding that can affect his or her ability to make a fair decision, or where the same professional purports to represent parties who have incompatible interests

• conjugal partner: in relation to a sponsor, a person outside Canada who has had a binding relationship with the sponsor for at least one year but who could not live with him/her; refer to both opposite-sex and same-sex relationships; not defined in the IRPA or IRPR

• constituent group (CG): a group authorized by a sponsorship agreement holder to sponsor refugees on its behalf

• Convention refugee: a person who has been granted protection under the refugee definition in the 1951 Convention Relating to the Status of Refugees

• crimes against: humanity any inhumane acts or omissions that are committed against any civilian population or any identifiable group

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D​​​​

• deemed rehabilitated: an exemption from criminal inadmissibility; a person who was convicted outside Canada and who meets the criteria under s. 18(2) of the IRP Regulations may be deemed rehabilitated and permitted to enter Canada

• departure order: type of removal order that generally provides a person with 30 days in which to leave Canada

• deportation order: type of removal order that bars re-entry to Canada indefinitely

• designated foreign national (DFN): a person (generally a refugee claimant) who was part of a group of smuggled persons into Canada whom the minister has designated as an irregular arrival (IRPA, s. 20.1)

• designated irregular arrival: a group (generally of refugee claimants) that the minister has reasonable grounds to believe was part of a human smuggling operation and is so designated in the public interest

• Designated Learning Institution (DLI): generally, a post secondary institution that is confirmed by the institution's provincial or territorial ministry of education to meet minimum IRCC standards; all primary and secondary schools in Canada are automatically designated

• designated representative: person chosen by the RPD (Refugee Protection Division) to act and make decisions on behalf of a refugee claimant

• detain: keep a person in legal custody, such as in a prison or immigration holding centre, prior to a hearing on a matter

• detention: the arrest and holding of a foreign national or permanent resident by the CBSA under section 55 of the IRPA

• detention review: a hearing before the Immigration Division (ID) for the purpose of reviewing the reasons for a foreign national or permanent resident's detention under the IRPA

• dual intent: intention to become first a temporary resident and then a permanent resident

• durable solution: a lasting solution to a refugee's temporary status: local integration in the country of asylum, voluntary return to the refugee's home country (repatriation), or resettlement in another country

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E

• Electronic Travel Authorization: a type of authorization requirement for visa-exempt foreign nationals traveling to Canada by air; it is electronically linked to a foreign national's passport

• equivalency assessment: a determination a designated organization or institution that a foreign diploma, certificate, or credential is equivalent to a Canadian educational credential and an assessment of the authenticity of the foreign diploma, certificate, or credential (IRPR, 73(1))

• exclusion order: a type of removal order that includes a one-year or five-year ban from re-entering Canada

• Expression of Interest (EOI): under the Express Entry system, the initial submission about skills, work experience, and other attributes that prospective immigrant makes to indicate their interest in coming to Canada

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F

• force majeure: a major event that the parties to a contract did not foresee or anticipate that prevents performance of the contract and thus terminates it; such an event — for example, a natural disaster or war — is outside the control of the parties and cannot be avoided with due diligence

• foreign national: a person who is neither a Canadian citizen nor a permanent resident in Canada

• full-time studies: a program of study leading to an educational credential, consisting of at least 15 hours of instruction per week during the academic year

• full-time work: at least 30 hours of work over a period of one week (IRPR, s 73(1))

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G

• good faith: honestly, for the stated purpose, not meaning to obtain an unfair advantage

• Government-Assisted Refugee (GAR) program: a program that applies only to the sponsorship of members of the Convention refugees abroad class, including special needs cases

• Group of Five (G5): a group of five or more people who join together to sponsor one or more refugees

• guarantor: a third party who gives a guarantee to the creditor of another person and who is thereby obliged to pay a creditor when the principal debtor defaults

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H

• hearing: a proceeding at which a refugee claimant appears in person before a member of the RPD to present evidence and testimony and to answer questions related to his/her claim

• high-wage positions: high-skilled positions in which the wage offered is at or above the provincial/territorial median wage

• home study: an assessment of the prospective parents with respect to their suitability to adopt

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I

• identity documents: lawfully obtained documents designed to prove the identity of the person carrying them (for example, a passport or birth certificate)

• immigrant: a person who wishes to settle (or has settled) permanently in another country (as opposed to a refugee, who is forced to flee)

• immigration: the movement of non-native people into a country in order to settle there

• Immigration and Refugee Board (IRB): an independent, quasi-judicial tribunal whose mission is "to make well-reasoned decisions on immigration and refugee matters — efficiently, fairly and in accordance with the law"

• Immigration Loans Program (ILP): a federal fund available to qualifying indigent refugees and immigrants: provides loans to cover some costs of immigrating to and settling in Canada

• immigration resettlement plan: plan tabled by the CIC minister each year that includes the number and types of foreign nationals who can come to Canada as permanent residents

• immigration visa officer: a public servant working in a Canadian consulate or visa office abroad

• implied status: also known as "maintained status", the right to legally remain in Canada and continue working or studying under the same conditions until a decision is made on a visitor's, student's, or foreign worker's application for renewal, only as long as the person remains in Canada

• inadmissibility hearing: adversarial hearing to determine whether or not an applicant is inadmissible

• inadmissibility report (section 44(1) report): a report that sets out the grounds of inadmissibility alleged by the officer, with the related sections of the IRPA and the evidence in narrative form

• inadmissible: barred from entry to Canada for security, criminality, or health reasons

• indictable offences: serious offences, such as murder, with longer periods of imprisonment and more complex prosecution procedures than those for summary conviction offences

• individual rehabilitation: a method of removing a ground of inadmissibility (criminality) that requires the applicant to apply to a visa officer, who will then consider whether certain criteria have been met

• Interim Federal Health Program (IFHP): essential and emergency health care coverage for refugees and protected persons in need of assistance before provincial health care is available

• intra-company transfer: a category of work permit designed to assist multinational businesses to move executives temporarily to Canada, when required for business

• intra-company transferee: a US or Mexican citizen who is admitted to Canada under NAFTA for the purpose of assisting in the operations of a foreign company's Canadian parent, subsidiary, branch, or affiliate company

• Invitation to Apply (ITA): Under the Express Entry system, an invitation by IRCC to foreign nationals who are qualified candidates to apply for permanent residence

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J-K

• Joint Assistance Sponsorship (JAS): program a refugee sponsorship program that involves both IRCC and a private sponsor

• judicial review: the process whereby a party asks a superior court or other court granted authority by statute of its supervisory authority over ministries and other government agencies to reconsider a decision of an administrative tribunal to ensure that, for example, it observed the rules of natural justice

• jus sanguinis: citizenship based on blood ties

• jus soli: citizenship based on the land of birth

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L

• Labour Market Impact Assessment (LMIA): an ESDC document obtained by a Canadian employer in order to employ a foreign worker

• language skill area: in an immigration context, the ability to speak, read, write, and listen in either French or English (IRPR, s 73(1))

• letter of acceptance: a document that indicates that a foreign student has been accepted into a Canadian educational institution

• letter of introduction: a document provided by a visa office to confirm approval of a study permit or work permit, or extended stay for a parent or grandparent from a country that does not require visas (the Super Visa program), for presentation to an officer upon arrival in Canada

• letter of invitation: a letter from a Canadian citizen or permanent resident in Canada on behalf of a friend or family member who wants to visit, setting out how the host plans to support the visitor and whether he/she has the financial means to support the visitor during a longer visit

• Low Income Cut-Off (LICO): minimum income requirement for sponsors of permanent residents

• low wage positions: low-skilled positions in which the wage offered is below the provincial/territorial median wage

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M

• member: the title given to a decision-maker in the Refugee Protection Division, Immigration Division, or Immigration Appeal Division of the Immigration and Refugee Board

• misrepresentation: a ground of inadmissibility under the IRPA that involves misstating facts or withholding information

• multiple citizenships: a situation where a person who becomes a citizen of Canada can retain any previous citizenships

• multiple-entry visa (MEV): a document that allows a foreign national to enter Canada from another country multiple times during the validity of the visa, for up to six months at a time

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N

• named cases: sponsor-referred refugee cases

• nationality: refers to a person's citizenship, and also a person's ethnic or linguistic group, and so may sometimes overlap with race

• naturalization: the process by which a foreign national, after being admitted to Canada as a permanent resident, applies for and obtains Canadian citizenship

• notice of arrival: notice of a refugee's arrival into Canada that is sent to the sponsor

• notice of decision: a written decision by the decision-maker, issued to those involved in the case, such as by the RPD to the refugee claimant and the minister

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O

• officers: under s. 6(1) of the IRPA, a person or class of person designated by the minister as an officer to carry out any purpose of any provision of the IRPA and who is given specific powers and duties

• open work permit: a document that enable a foreign national to work for any employer for a specific time period

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P

• panel physician: a local physician, authorized by the Canadian government; formerly known as a "designated medical practitioner"

• permanent resident: a person who has been granted permanent resident status in Canada and who has not subsequently lost that status under s. 46 of the IRPA; also known as a "landed immigrant" under older legislation

• permanent resident card (PR card): a card issued to permanent residents after their arrival in Canada showing proof of immigration status

• permanent resident status: the enjoyment of most of the same rights and responsibilities guaranteed to Canadians under the Canadian Charter of Rights and Freedoms

• permanent resident visa (PRV): a document allowing a foreign national to travel to Canada and, after a successful examination at a port of entry, to enter Canada as a permanent resident

• principle of non-refoulement: a rule of international law that obliges countries to provide protection to refugees against return to the country where they face a risk of persecution, or where their life or freedom would be threatened because of their race, religion, nationality, membership in a particular social group, or political opinion

• procedural fairness: the requirement that a decision-maker acting under a statutory power of decision must give any person whose rights, privileges, or interests may be affected by a decision reasonable notice of the intended decision and the reasons for it, and an opportunity to respond, and must be impartial, even if the function of the decision-maker is not quasi-judicial in nature

• Provincial Nominee Program (PNP): a program that allows provinces and territories to nominate foreign nations to apply for permanent residence in Canada

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Q

• quasi-judicial: similar to that of a judge; often used to describe the functions of a tribunal when it must make a decision regarding the substantive rights of a person

 

R

• reasonable grounds to believe: a set of facts and circumstances that would satisfy an ordinarily cautious and prudent person, and that are more than mere suspicion; a lower standard of proof than a balance of probabilities

• refugee: a person who is forced to flee from persecution (as opposed to an immigrant who chooses to move)

• refugee claimant: a person who has made a refugee protection claim where the decision is yet to be made; this term is used in Canada and is equivalent to "asylum seeker"

• refugee sur place: a person who did not initially flee the home country, but while in another country became a refugee in need of protection because of changed country conditions or circumstances in the home country

• refusal letter: document sent to a permanent resident applicant outlining the reasons for the application's refusal

• removal order: an order issued either after an examination or at an admissibility hearing instructing the person to leave Canada

• removal ready: refers to people who are subject to a removal order that is in force or to a security certificate that has been issued against them

• Resettlement Assistance Program (RAP): program that provides financial and immediate essential services to government-assisted refugees

• Restoration of status: may be sought when a temporary resident's status as a visitor, student, or worker has been lost or expires

 

 

 

S

• Seasonal Agricultural Worker Program (SAWP): a program that allows the entry of foreign nationals to work in the agricultural sector in Canada

• security certificate: a document providing for a removal hearing in the absence of the person named, where information must be protected for reasons of public safety

• settlement plan: details of a refugee sponsor's commitment to provide basic financial support and care for a sponsored refugee

• significant benefit: a ground of exemption from the usual requirement of foreign workers to obtain a positive LMIA; the exemption applies to foreign workers whose presence in Canada will likely result in a significant benefit to the country and permits them to apply for a work permit without first obtaining the positive LMIA

• single-entry visa (SEV): a document that allows a foreign national to enter Canada only once, usually only for six months

• skilled trade occupation: an occupation listed in skill level B of NOC matrix as major group 72, 73, 82, or 92 or as minor group 632 or 633 (IRPR, s 87.2)

• sponsorship agreement holder (SAH): an established, incorporated organization that has signed an agreement with the minister of IRCC to facilitate refugee sponsorship

• stay of removal: usually refers to a decision by a member of the Immigration Appeal Division where the member decides not to continue with an appeal against a removal order; the appellant is allowed to remain in Canada but must abide by certain conditions imposed by the member; if there is no breach of the conditions within the ordered period of time, the appeal is allowed, the removal order quashed, and the person permitted to remain in Canada; however, proceedings could be resumed at some future time if conditions are breached

• summary conviction offences: less serious offences that are tried using a simplified set of rules of procedure

• Super Visa: a document that allows the foreign national who is the parent or grandparent pf Canadian citizen or permanent resident stay up to two years and re-enter Canada over a ten-year period without the need to renew the visa; also called Parent and Grandparent Super Visa

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T

• Temporary Foreign Worker (TFW): a foreign national engaged in paid work activity who is authorized to enter and to remain in Canada for a limited period

• temporary resident: a person who has permission to remain in Canada on a temporary basis (the main categories are students, temporary workers, and visitors)

• temporary resident permit (TRP): a permit for temporary residence issued at the discretion of an officer to a foreign national who is inadmissible or does not meet the requirements of the IRPA; for example, a TRP may be issued to a foreign national for medical treatment in Canada in certain circumstances

• temporary resident visa (TRV): a document authorizing a person to board an airplane or ship to travel to Canada

• transit visa: a document that allows travel through Canada to another country by anyone who would need a temporary resident visa to enter Canada and whose flight will stop here for less than 48 hours

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U

• undertaking: a promise or agreement to do something

• unnamed cases: refugee sponsorship requests referred to the IRCC Matching Centre, which attempts to find a suitable match for a would-be sponsor

• urgent need of protection: a term that describes, in respect of a member of the Convention refugees abroad class, the country of asylum class, or the source country class, a person whose life, liberty, or physical safety is under immediate threat and who, if not protected, is likely to be (a) killed; (b) subjected to violence, torture, sexual assault, or arbitrary imprisonment; or (c) returned to her country of nationality or former habitual residence (IRPR, s. 138)

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V

• visa (or permit): a document that permits the holder to enter Canada for a specific purpose either temporarily or permanently

• visa officer: officer who works abroad processing immigration applications

• visitor visa: a temporary resident visa issued under the visitor class

• visitor record: a record of information documented by a port-of-entry (POE) officer, stapled to the holder's passport; additional information may be kept on computer and referenced in the visitor's record

• voluntary repatriation: in the context of refugee law, the return of a refugee to his/her country of origin, of his/her own free will, once conditions have become safe

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W-X-Y-Z

• well-founded fear: one of the four inclusion elements of the definition of a Convention refugee, assessed by the Refugee Protection Division in a refugee claim; the RPD member assesses whether a well-founded fear of persecution exists

• withdrawal: refers to an appeal that may be withdrawn by the appellant if she concedes to the minister's position

• Women at Risk Program: a program to resettle women who are members of the Convention refugees abroad class or humanitarian-protected persons abroad class

• work permit: a written authorization issued by an officer that allows a foreign national to engage in the employment in Canada