Arrested and charged in Ireland but no conviction

[bgibbo96]

I was wondering if anyone can help me. Over two years ago I was arrested and charged with obstruction under the misuse of drugs act here in Ireland. Long story short the police stopped and asked to search me and I panicked and ran away. Eventually I stopped ( I realized what I was doing was madness ) and I was arrested.

A few months later I went to court, the case was dismissed in court under the probation act and I did not receive a conviction or any sort of conditional discharge. My police certificate came back clean as well.

During my application I answered everything honestly, I submitted my police certificate and the requested court records. the court record document says what happened and that all charges were dismissed.

I am just wondering if this arrest and charge will make me inadmissible or will the fact that the case was dismissed be okay?

Hopefully someone can help me thanks!!

 

[21Goose]

This may make you inadmissible until you apply for and get criminal rehabilitation. It depends on the details of your arrest.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E2

In general, temporary residents and applicants applying for permanent residence are considered to be criminally inadmissible if the person:

committed an act outside of Canada that is considered a crime under the laws of the country where it occurred and would be punishable under Canadian law.

Note that it doesn't say convicted - it says "committed an act". You did commit the act, even if you weren't convicted.

For charges withdrawn or dismissed:

• If the offence occurred in Canada, you are not inadmissible.
• If the offence occurred outside Canada, you may be inadmissible.

So again, even if the charges were withdrawn/dismissed, you may be inadmissible.

If you may be inadmissible, you must provide an officer with complete details of all charges, convictions, court dispositions, pardons, photocopies of applicable sections of foreign law(s), and court proceedings to allow the officer to determine whether or not you are inadmissible to Canada.

You've done this, so good.

Again, it depends on the details of your arrest. You should talk to a lawyer to get a complete picture..

 

[bgibbo96]

@21Goose Thanks for your advice. I did talk to a lawyer and they said,

"As discussed, based on the information provided, you do not appear to be inadmissible based on the charge of which you informed me. Despite this fact, it is nonetheless possible that you will still encounter an issue when applying to enter Canada. This is because immigration authorities have a significant amount of discretion in the exercise of their duties and as a result can and do refuse entry to Canada even though the individual is technically not inadmissible."

I guess it's just a wait and see scenario.

 

[21Goose]

Yeah, sounds like a wait and see. The lawyer has given you good advice - as he said (and the link I provided says this as well), the officer makes the final decision.

Good luck.

 

[yoks20]

Hi hows your applicatiin we have the same situation my charged just happened inside canada its drooped too i hope it will not affect my application too im applying outside canada niw

 

[21Goose]

Hi hows your applicatiin we have the same situation my charged just happened inside canada its drooped too i hope it will not affect my application too im applying outside canada niw

Charges dropped inside Canada will not make you inadmissible. You must however fully disclose the arrest and provide the court documents.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E2

For charges withdrawn or dismissed:

If the offence occurred in Canada, you are not inadmissible.

 

[yoks20]

Charges dropped inside Canada will not make you inadmissible. You must however fully disclose the arrest and provide the court documents.

https://www.canada.ca/en/immigration-refugees-citizenship/services/application/application-forms-guides/guide-5312-rehabilitation-persons-inadmissible-canada-past-criminal-activity.html#5312E2

For charges withdrawn or dismissed:

If the offence occurred in Canada, you are not inadmissible.

Thank you so much for reply.