Immigration officer
Statutory definition
Section 6 of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that the Minister may designate persons or classes of persons as officers for the purposes of the Act. Officers exercise the powers delegated to them under the Act and Regulations.
Explanation
Two distinct officer types exercise IRPA powers:
- IRCC officers (visa officers) — process visa, permit, and permanent residence applications from outside Canada (at visa application centres and visa offices) and from within Canada; assess CEC, Express Entry, and other inland applications
- CBSA officers (border services officers) — conduct admissibility examinations at ports of entry; enforce removal orders; conduct inland compliance and enforcement operations
Officers have broad discretionary powers — subject to the Act and Regulations, an officer's decision on eligibility and admissibility is generally final unless appealed or judicially reviewed. Officers are bound by IRCC and CBSA operational guidelines (ENF manuals, OP manuals) but these guidelines do not create legally enforceable rights.
How this term is used
IRCC decisions are reviewed by the Federal Court on judicial review; the standard of review is generally reasonableness (following Canada (Minister of Citizenship and Immigration) v Vavilov [2019] 4 SCR 653). CBSA enforcement decisions at the border may be challenged through the immigration tribunal system (admissibility hearings, IAD) or judicial review.