What is Inadmissibility?
The term “inadmissibility” is used to identify people who are not legally permitted in Canada. All inadmissibility provisions apply to foreign nationals, some provisions apply to permanent residents. Inadmissibility provisions can be used to keep a person out of Canada or to initiate the removal of a person who is in Canada. Also, the inadmissibility provisions are both important and complicated. Some of the grounds for inadmissibility are discussed below:
The security provisions are broad. Foreign nationals and permanent residents can be found inadmissible on security grounds for:
(a) engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;
(b) engaging in or instigating the subversion by force of any government;
(b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;
(c) engaging in terrorism;
(d) being a danger to the security of Canada;
(e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
(f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b) or (c).
These provisions are used to catch people who violate the Crimes Against Humanity Act and War Crimes Act, senior officials of a government involved in genocide, terrorism or other human rights violations. The exception is if the person can prove to the Minister that their presence in Canada is not detrimental to the national interests of Canada pursuant to s. 42.1 IRPA.
A permanent resident or a foreign national is inadmissible on grounds of serious criminality for
A foreign national (not a permanent resident) is inadmissible on grounds of criminality for (a) having been convicted in Canada of an offence under an Act of Parliament punishable by way of indictment, or of two offences under any Act of Parliament not arising out of a single occurrence; (b) having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable offence (meaning a more serious offence) under an Act of Parliament, or of two offences not arising out of a single occurrence that, if committed in Canada, would constitute offences under an Act of Parliament; (c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an indictable offence under an Act of Parliament; or (d) committing, on entering Canada, an offence under an Act of Parliament prescribed by regulations.
Foreign nationals, permanent residents can be found inadmissible on grounds of organized criminality for being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern. This section also explicitly includes people smuggling, trafficking in persons or money laundering. There are two exceptions to this ground of inadmissibility. First, if the person was smuggled into Canada (due to the refugee protection laws in Canada). Second, if the person can prove to the Minister that their presence in Canada is not detrimental to the national interests of Canada.
There are three grounds of inadmissibility under these provisions: if a foreign national:
A foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themselves or any other person who is dependent on them, and have not satisfied an officer that adequate arrangements for care and support, other than those that involve social assistance, have been made.
Misrepresentation is essentially lying to Canadian immigration officials, either directly or indirectly. This includes omissions. The misrepresentation must be one which induces or could induce an error in the administration of the IRPA. These provisions specifically identify being or having been sponsored by a person who is determined to be inadmissible for misrepresentation as a separate ground of inadmissibility. This ground applies to refugees or protected persons, foreign nationals, permanent residents, and Canadian citizens who acquired their citizenship by false representations.
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