This month marked the 40th anniversary of the Apollo 13 mission. Whether you watched the PBS documentary or the Hollywood version, the story was gripping. Yet, the life-saving manual seemed easy enough to use. Nothing fancy. The neatly typed document included handmade graphs, penciled in symbols, and annotations by James Lovell, Jack Swigert, and Fred Haise. The crew journeyed to the moon, almost, and back using less computing power than an iPhone. The 345 page Mission Operations Report compiles reports from a dozen mission officers.
The Immigration and Refugee Protection Act is legislation respecting immigration to Canada and granting refugee protection to persons who are displaced, persecuted or in danger.
The term “foreign national” refers any person other than a Canadian citizen or permanent resident. Oddly, the word “immigrant” doesn’t appear in the Act.
I was happy to read that the 2001 Act used simpler language and fewer cross-references. However, I had to chew on a 112-word clause before it made any sense.
Sole provincial responsibility — appeals
If a federal-provincial agreement gives a province sole responsibility to establish and apply financial criteria with respect to undertakings that sponsors living in that province may make in respect of a foreign national who applies to become a permanent resident, then, unless the agreement provides otherwise, the existence of a right of appeal under the law of that province respecting rejections by provincial officials of applications for sponsorship, for reasons of failing to meet financial criteria or failing to comply with a prior undertaking, prevents the sponsor, except on humanitarian and compassionate grounds, from appealing under this Act against a refusal, based on those reasons, of a visa or permanent resident status.
My take on sole provincial responsibility appeals is this:
The province can impose financial responsibility on the sponsor of a foreign national, and if refused for financial reasons the sponsor can appeal to the province or apply under the Act for a humanitarian and compassionate exception.
My hat goes off to ESL classmates who had to deal with breaking down and making sense of this provision.