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Inadmissibility
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Inadmissibility
Some people are not allowed to come to Canada. In fact, some permanent residents who are already in Canada may not be allowed to remain in Canada. They are known as "inadmissible" under Canada's Immigration and Refugee Protection Act (IRPA).
Criminal Inadmissibility
If you have committed or been convicted of a crime, you may not be allowed to enter Canada. This includes both minor and serious crimes, and even driving while under the influence of drugs or alcohol.
You may be able to overcome the criminal inadmissibility if:
- You are able to satisfy an immigration officer that you have been deemed rehabilitated, depending on:
- The crime that was committed
- If the required amount of time has passed since you completed the sentence imposed for your crime
- The fact that the crime would be punishable in Canada by a maximum prison term of less than 10 years;
- You applied for rehabilitation and are approved;
- You were granted a pardon; or
- You have a Temporary Resident Permit.
Medical Inadmissibility
If you have a condition which could cause excessive demands on Canada's medical or social services, you may be deemed medically inadmissible to Canada. In general, the visa officer will consider the average cost of medical care and social services for Canadians over a five year period, and assess whether the cost of care required by you is likely to exceed this threshold in a five year period.
Also, if you have a health condition which is likely to pose a danger to Canadians or public safety, you may also be medically inadmissible.
Misrepresentation
A misrepresentation is not only making a false statement or providing a false document. It can also be withholding relevant information.
In some cases, the misrepresentation could have been made by someone on your behalf, such as an immigration consultant or agent, even without your knowledge or consent. By making the application, you are deemed to have accepted the contents and supporting documents, and can be liable for misrepresentation.
If you have been found to have made a misrepresentation, the immigration officer could give you an exclusion order, rendering you inadmissible to Canada for a period of two years.
Temporary Resident Permits
If you are inadmissible but have a compelling reason to travel to Canada, you may be issued a Temporary Resident Permit.
To be eligible for a Temporary Resident Permit, your need to enter or remain in Canada must outweigh the health or safety risks to Canadian society. Even if the reason you are inadmissible seems minor, you must prove your need is valid.
Appeals
The Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB) hears appeals on immigration matters. In most situations, you can also apply to the Federal Court of Canada to review decisions related to immigration.
Judicial review by the Federal Court of Canada
Sponsorship appeals
If you are a Canadian citizen or permanent resident, and your application to sponsor a close family member has been refused, you may be able to appeal to the IAD.
As a sponsor, you have 30 days after the refusal to appeal to the IAD.
Removal order appeals
If you are a permanent resident of Canada and you have been ordered removed from Canada, you may appeal to the IAD.
If you want to appeal a removal order, you must do so within 30 days of its issue.
Residency obligation appeals
If you are a permanent resident, and there is a determination that you have not met your residency obligation and have lost your permanent resident status, you may appeal to the IAD.
If you are a permanent resident and CIC says that you have not met the residency obligation, you must appeal no later than 60 days after receiving the decision letter from CIC.
Judicial review by the Federal Court of Canada
Review by the Federal Court is a two-stage process. In the first stage, the Court reviews the documents and decides whether to grant you permission ("leave") to examine the decision in depth.
If leave is given, the second stage will require your lawyer to attend an oral hearing before the Court and explain why you believe the original decision was wrong.
You must file your application to the Federal Court of Canada after being notified of the decision:
- within 15 days, if the matter arose in Canada; or
- within 60 days, if the matter arose outside Canada.
How We Can Help
If you suspect Canada Immigration may deem you inadmissible on criminal, medical or other grounds, or if your application has already been refused, book a consultation with us as soon as possible. At Lowe & Company, our experienced team has been advocating for immigration clients since 1990. We will explore all aspects of your situation and present your case in the best light to Canada Immigration.