Canadian Immigration Lawyers Association advocates for reforming IRPA legislation

Last month, members of the Legislative Reform Committee from the Canadian Immigration Lawyers Association (CILA) published a report detailing their proposed reforms for the Immigration and Refugee Protection Act (IRPA).

IRPA, established in 2001, governs Canada's immigration and refugee policies, ensuring protection for displaced individuals.

CILA, formed in 2020 by immigration lawyers across Canada, advocates for amendments to IRPA to reflect current realities. They regularly engage with Immigration, Refugees and Citizenship Canada (IRCC) officials like Minister Marc Miller and former Assistant Deputy Minister Christiane Fox.

CILA's recommendations primarily focus on two key areas: inadmissibility and family-class immigration.

Regarding inadmissibility, CILA proposes significant changes. They suggest repealing rules that deem foreign nationals medically inadmissible based on potential public health risks or excessive demands on health services. Similarly, they advocate for less stringent financial inadmissibility criteria, emphasizing consideration of external financial support.

In terms of misrepresentation, CILA recommends reducing penalties and providing pathways for earlier re-entry to Canada for those found guilty.

Concerning family-class immigration, CILA seeks broader eligibility criteria. They aim to overturn policies excluding certain foreign nationals from family-class status due to past non-accompanying relationships with Canadian permanent residents. Additionally, they propose allowing permanent residents, not just citizens, to sponsor family members regardless of residence status.

Furthermore, CILA suggests clarifying the definition of familial relationships under IRPA to include fiancés and using "dependent child" or "child under nineteen" instead of "minor child" for study permit requirements, streamlining educational continuity for affected students.

While CILA's proposals highlight pressing issues, implementing these reforms requires extensive legislative processes, potentially spanning several years.

In conclusion, CILA's recommendations aim to modernize IRPA to better accommodate current immigration challenges and societal needs, reflecting their commitment to advocating for equitable and efficient immigration policies in Canada.