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Dalhousie Law Journal

Keywords

Critical analysis, section 46(1)(c.1) of the Immigration and Refugee Protection Act (IRPA)

Abstract

This paper provides a critical analysis of section 46(1)(c.1) of the Immigration and Refugee Protection Act (IRPA) adopted in 2012. The application of this section results in the loss of permanent resident status for protected persons who lose their refugee status under section 108 of IRPA, for example by renewing their passport and travelling to their country of origin, even for a short period of time. The combined effect of sections 46(1)(c.1) and 108 of IRPA pose major issues to Canadian protected persons. As a result, this paper explains the conditions for the application of section 46(1)(c.1) of IRPA and, relying on the relevant case law and bills proposing to repeal the section, its problematic impacts. Finally, the paper presents arguments to support repealing the measure, or, at least, to mitigate its impacts.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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