For the benefit of every Applicant confused with codes in their Caips/ GCMS notes. All the sections of IRPA act and their details are given below.
Canadian Grounds of Inadmissibility
The Immigration and Refugee Protection Act ("IRPA") describes different grounds of inadmissibility, which include: (a) security grounds, (b) human or international rights violations, (c) criminality, (d) organized criminality, (e) health grounds, (f) financial reasons, (g) misrepresentations, (h) non-compliance with Canadian immigration laws, and (i) inadmissible family members. Each of these grounds of inadmissibility are described in greater detail below. Foreign nationals are subject to all of these grounds of inadmissibility; permanent residents are subject to some, but not all of these grounds of inadmissibility.
Security Grounds
General
According to Subsection 34(1) of the IRPA, a permanent resident or a foreign national is inadmissible on security grounds for
Engaging in an act of espionage or an act of subversion against a democratic government, institution or process as they are understood in Canada;
Engaging in or instigating the subversion by force of any government;
Engaging in terrorism;
Being a danger to the security of Canada;
Engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or
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).
According to Section 14 of the Immigration and Refugee Protection Regulations ("IRPR"), for the purpose of determining whether a foreign national or permanent resident is inadmissible under Paragraph 34(1)(c) of the IRPA, where one of the following determinations or decisions has been previously rendered, the findings of fact set out in that determination or decision will be considered conclusive findings of fact and the person may be deemed inadmissible without the need to re-establish the findings of fact as set out in the previous determination or decision:
A determination by the Immigration and Refugee Board, based on findings that the foreign national or permanent resident has engaged in terrorism, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention [which makes the Refugee Convention inapplicable to those who have committed war crimes or crimes against humanity]; or
A decision by a Canadian court under the Criminal Code concerning the foreign national or permanent resident and the commission of a terrorism offence.
Exemption
According to Subsection 34(2) of the IRPA, the above acts do not constitute inadmissibility in respect of a permanent resident or a foreign national who satisfies the Minister of Immigration that their presence in Canada would not be detrimental to the national interest.
Human and International Rights Violations
General
According to Subsection 35(1) of the IRPA, a permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for:
Committing an act outside Canada that constitutes an offence referred to in Sections 4 to 7 [which deal with genocide, crimes against humanity, and war crimes committed inside and outside of Canada] of the Crimes Against Humanity and War Crimes Act;
Being a prescribed senior official in the service of a government that, in the opinion of the Minister of Immigration, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide [an act or omission committed with intent to destroy, in whole or in part, an identifiable group of persons, as such, that at the time and in the place of its commission, constitutes genocide according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission], a war crime [an act or omission committed during an armed conflict that, at the time and in the place of its commission, constitutes a war crime according to customary international law or conventional international law applicable to armed conflicts, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission] or a crime against humanity [murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that, at the time and in the place of its commission, constitutes a crime against humanity according to customary international law or conventional international law or by virtue of its being criminal according to the general principles of law recognized by the community of nations, whether or not it constitutes a contravention of the law in force at the time and in the place of its commission] within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or
Being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.
According to Section 15 of the IRPR and for the purpose of determining whether a foreign national or permanent resident is inadmissible under Paragraph 35(1)(a) of the IRPA, if any of the following decisions or the following determination has been rendered, the findings of fact set out in that decision or determination shall be considered as conclusive findings of fact:
A decision concerning the foreign national or permanent resident that is made by any international criminal tribunal that is established by resolution of the Security Council of the United Nations, or the International Criminal Court as defined in the Crimes Against Humanity and War Crimes Act
;
A determination by the Immigration and Refugee Board, based on findings that the foreign national or permanent resident has committed a war crime or a crime against humanity, that the foreign national or permanent resident is a person referred to in section F of Article 1 of the Refugee Convention [which makes the Refugee Convention inapplicable to those who have committed war crimes or crimes against humanity]; or
A decision by a Canadian court under the Criminal Code or the Crimes Against Humanity and War Crimes Act concerning the foreign national or permanent resident and a war crime or crime against humanity committed outside Canada.
According to Section 16 of the IRPR and for the purposes of Paragraph 35(1)(b) of the IRPA, a prescribed senior official in the service of a government is a person who, by virtue of the position they hold or held, is or was able to exert significant influence on the exercise of government power or is or was able to benefit from their position, and includes:
Heads of state or government;
Members of the cabinet or governing council;
Senior advisors to persons described in Paragraph (a) or (b);
Senior members of the public service;
Senior members of the military and of the intelligence and internal security services;
Ambassadors and senior diplomatic officials; and
Members of the judiciary.
Exemption
According to Subsection 35(2) of the IRPA, Paragraphs 35(1)(b) and 35(1)(c) of the IRPA do not apply in the case of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest. However, no exemption exists for persons described in Paragraph 35(1)(a); such persons are forever inadmissible.
Criminality
General
According to Subsection 36(1) of the IRPA, a permanent resident or a foreign national is inadmissible on grounds of serious criminality for:
Having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;
Having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or
Committing [a conviction is not required] an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.
According to Subsection 36(2) of the IRPA, a foreign national is inadmissible on grounds of criminality for:
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;
Having been convicted outside Canada of an offence that, if committed in Canada, would constitute an indictable 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;
Committing [a conviction is not required] 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
Committing [a conviction is not required], on entering Canada, an offence under an Act of Parliament prescribed by regulations [Section 19 of the IRPR prescribes the following Acts of Parliament: (i) the Criminal Code; (ii) the IRPA; (iii) the Firearms Act; (iv) the Customs Act; and (v) the Controlled Drugs and Substances Act].
Rules Governing Criminal Inadmissibility
According to Subsection 36(3) of the IRPA, the following provisions govern the grounds of inadmissibility described in Subsections 36(1) and 36(2):
An offence that may be prosecuted either summarily or by way of indictment is deemed to be an indictable offence, even if it has been prosecuted summarily;
Inadmissibility under Subsections 36(1) and 36(2) may not be based on a conviction in respect of which a pardon has been granted and has not ceased to have effect or been revoked under the Criminal Records Act, or in respect of which there has been a final determination of an acquittal;
The matters referred to in Paragraphs 36(1)(b) and 36(1)(c) and 36(2)(b) and 36(2)(c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they have been rehabilitated or who is a member of a prescribed class that is deemed to have been rehabilitated;
A determination of whether a permanent resident has committed an act described in Paragraph 36(1)(c) must be based on a balance of probabilities; and
Inadmissibility under Subsections 36(1) and 36(2) may not be based on an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.
Prescribed Period Before Applying to Establish Rehabilitation
As stated in Paragraph 36(3)(c) of the IRPA, it is possible to apply to establish rehabilitation after the prescribed period has ended (assuming that deemed rehabilitation does not apply). If the person satisfies the Minister of Immigration that he or she has been rehabilited, the person will no longer be inadmissible. For the purposes of Paragraph 36(3)(c) of the IRPA, the prescribed period is five years:
After the completion of an imposed sentence, in the case of matters referred to in Paragraphs 36(1)(b) and 36(2)(b) of the IRPA, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act; and
After committing an offence, in the case of matters referred to in Paragraphs 36(1)(c) and 36(2)(c) of the IRPA, if the person has not been convicted of a subsequent offence other than an offence designated as a contravention under the Contraventions Act or an offence under the Young Offenders Act.
Deemed Rehabilitation
As stated in Paragraph 36(3)(c) of the IRPA, it is also possible for certain inadmissible persons to be automatically considered rehabilitation. If this deemed rehabilitation applies, the person is no longer considered inadmissible. According to Subsection 18(2) of the IRPR and for the purposes of Paragraph 36(3)(c) of the IRPA, the following persons are members of the class of persons deemed to have been rehabilitated:
Persons who have been convicted outside Canada of no more than one offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament, if all of the following conditions apply, namely,
The offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,
At least 10 years have elapsed since the day after the completion of the imposed sentence,
The person has not been convicted in Canada of an indictable offence under an Act of Parliament,
The person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not within the last 10 years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and
The person has not committed an act described in Paragraph 36(2)(c) of the IRPA;
Persons convicted outside Canada of two or more offences that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, if all of the following conditions apply, namely,
At least five years have elapsed since the day after the completion of the imposed sentences,
The person has not been convicted in Canada of an indictable offence under an Act of Parliament,
The person has not within the last five years been convicted in Canada of an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not within the last five years been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not before the last five years been convicted in Canada of more than one summary conviction offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not been convicted of an offence referred to in Paragraph 36(2)(b) of the IRPA that, if committed in Canada, would constitute an indictable offence, and
The person has not committed an act described in Paragraph 36(2)(c) of the IRPA; and
Persons who have committed no more than one 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, if all of the following conditions apply, namely,
The offence is punishable in Canada by a maximum term of imprisonment of less than 10 years,
At least 10 years have elapsed since the day after the commission of the offence,
The person has not been convicted in Canada of an indictable offence under an Act of Parliament,
The person has not been convicted in Canada of any summary conviction offence within the last 10 years under an Act of Parliament or of more than one summary conviction offence before the last 10 years, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not within the last 10 years been convicted outside of Canada of an offence that, if committed in Canada, would constitute an offence under an Act of Parliament, other than an offence designated as a contravention under the Contraventions Act or an offence under the Youth Criminal Justice Act,
The person has not before the last 10 years been convicted outside Canada of more than one offence that, if committed in Canada, would constitute a summary conviction offence under an Act of Parliament, and
The person has not been convicted outside of Canada of an offence that, if committed in Canada, would constitute an indictable offence under an Act of Parliament.
Exemption for Persons Convicted in Canada or Two or More Summary Offences
According to Subsection 18.1 of the IRPR, foreign nationals who are inadmissible under Paragraph 36(2)(a) of the IRPA solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, cease to be inadmissible if it has been at least five years since the day after the completion of the imposed sentences.
Organized Criminality
According to Subsection 37(1) of the IRPA, a permanent resident or a foreign national is 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; or
Engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or money laundering [this list is not intended to be exhaustive].
Exemptions
According to Subsection 37(2) of the IRPA:
Subsection 37(1) does not apply in the case of a permanent resident or a foreign national who satisfies the Minister that their presence in Canada would not be detrimental to the national interest; and
Paragraph 37(1)(a) does not lead to a determination of inadmissibility by reason only of the fact that the permanent resident or foreign national entered Canada with the assistance of a person who is involved in organized criminal activity [in other words, persons whose involvement with criminal organizations is limited to having used their services for the purpose of coming to Canada to claim refugee protection, will not be considered a member of such organization and will have access to the refugee determination process].
Health Grounds
General
According to Subsection 38(1) of the IRPA, a foreign national is inadmissible on health grounds if their health condition:
Is likely to be a danger to public health [according to Section 31 of the IRPR, before concluding whether a foreign national's health condition is likely to be a danger to public health, an officer who is assessing the foreign national's health condition shall consider: (i) any report made by a health practitioner or medical laboratory with respect to the foreign national; (ii) the communicability of any disease that the foreign national is affected by or carries; and (iii) the impact that the disease could have on other persons living in Canada];
Is likely to be a danger to public safety [according to Section 33 of the IRPR, Before concluding whether a foreign national's health condition is likely to be a danger to public safety, an officer who is assessing the foreign national's health condition shall consider: (i) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and (ii) the risk of a sudden incapacity or of unpredictable or violent behaviour of the foreign national that would create a danger to the health or safety of persons living in Canada]; or
Might reasonably be expected to cause excessive demand on health or social services [according to Section 34 of the IRPR, before concluding whether a foreign national's health condition might reasonably be expected to cause excessive demand, an officer who is assessing the foreign national's health condition shall consider: (i) any reports made by a health practitioner or medical laboratory with respect to the foreign national; and (ii) any condition identified by the medical examination].
According to Subsection 38(2) of the IRPA, Paragraph 38(1)(c) does not apply in the case of a foreign national who:
Has been determined to be a member of the family class and to be the spouse, common-law partner or child of a sponsor within the meaning of the IRPR;
Has applied for a permanent resident visa as a Convention refugee or a person in similar circumstances;
Is a person granted refugee protection; or
Is, where prescribed by the regulations, the spouse, common-law partner, child or other family member of a foreign national referred to in any of paragraphs (a) to (c).
According to Section 24 of the IRPR and for the purposes of Subsection 38(2) of the IRPA, a foreign national who has been determined to be a member of the family class is exempted from the application of Paragraph 38(1)(c) of the IRPA if they are:
In respect of the sponsor, their conjugal partner, their dependent child or a person referred to in Paragraph 117(1)(e) or 117(1)(g); or
In respect of the spouse, common-law partner or conjugal partner of the sponsor, their dependent child.
When Medical Inadmissibility Issues Arise
Health grounds of inadmissibility are most likely to be discovered where a medical examination is a required in order to receive permanent residence or, in some cases, a temporary resident visa. However, immigration officers may also require a medical examination where they are of the opinion that the foreign national may be medically inadmissible. According to the Immigration Manual, an immigration officer may form the opinion that a person may be medically inadmissible by:
Observation (the person may appear to be sick or may require assistance); and
Questioning (has the person recently been discharged from the hospital? Has the person recently been sick? Is the person taking medication for serious illness?)
Where the person is applying for admission at a port of entry (land port/ferry port/international airport) and where there are grounds to believe, on the "balance of probabilities" that a person is medically inadmissible, an immigration officer may proceed as follows:
At land and ferry ports, persons who require an immigration medical examination will be required to go to a designated medical practitioner in the United States. If the person continues to deman entry or leaves and returns to seek entry prior to obtaining a medical certificate, the immigration officer may choose to write a Subsection 44(1) inadmissibility report citing Subsection 41(a) [non-compliance with the IRPA] or Subsection 20(1) [not having a visa or other document required under the IRPR] as appropriate. This may result in the Minister of Immigration making a removal order against the person.
At international airports, where it is believed that the person may be medically inadmissible, normally, after consultation by telephone with a medical officer with the Immigration Medical Services (HMA) Division, the examination should be adjourned under the provisions of Section 23 of the IRPA [which states that the immigration officer may authorize the person to come to Canada for the purpose of further examination]. The person would then be required to undergo a medical examination by a Panel Physician in Canada. However, if an immigration officer believes that the person is an immediate public health or safety risk, an order to detain the person and a Subsection 44(1) inadmissibility report written on the basis of Subsection 41(a) [non-compliance with the IRPA] and Paragraph 16(2)(b) [obligation of a foreign national to submit to a medical examination on request] would be appropriate.
Health Inadmissibility for Temporary Entry
According to the Immigration Manual, an applicant who is inadmissible as a permanent resident may not be inadmissible as a temporary resident. This is because a permanent resident may require services that a temporary resident would not require. An immigration officer cannot use the results of a permanent resident's examination to refuse an application for temporary entry. A new medical examination for the appropriate category must be obtained.
Health Inadmissibility for Permanent Residence
According to the Immigration Manual, a person who fails a temporary resident application is also likely to fail a permanent resident examination. Still, an officer cannot use the results of a temporary resident examination to refuse an application for permanent residence. A new medical examination for the appropriate category must be obtained.
Financial Reasons
According to Section 39 or the IRPA, a foreign national is inadmissible for financial reasons if they are or will be unable or unwilling to support themself 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. According to the Immigration Manual, if the person satisfies the immigration officer that adequate arrangements for care and support (not involving social assistance) are in place, then they do not fall within this inadmissibility provision. In addition, according to Section 21 of the IRPR, persons who have been granted refugee protection are exempt from this ground of inadmissibility.
Misrepresentation
General
According to Subsection 40(1) of the IRPA, a permanent resident or a foreign national is inadmissible for misrepresentation:
For directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the IRPA [according to the Immigration Manual, admissibility for misrepresentation occurs only if it is material; the misrepresentation must affect the process undertaken by or the final decision of the immigration officer];
For being or having been sponsored by a person who is determined to be inadmissible for misrepresentation;
On a final determination to vacate a decision to allow the claim for refugee protection by the permanent resident or the foreign national; or
On ceasing to be a Canadian citizen, in the circumstances set out in Subsection 10(2) [which deals with retention, renunciation and resumption of citizenship by false representation or fraud or by knowingly concealing material circumstances] of the Citizenship Act.
However, according to Section 22 of the IRPR, persons who have claimed refugee protection, if disposition of the claim is pending, and persons who have been granted refugee protected are exempted from the application of this ground of inadmissibility. In addition, according to the Immigration Manual, the misrepresentation provisions do not apply to family members of persons granted refugee protection who are living abroad.
Application and Duration of Misrepresentation Ground
According to Subsection 40(2) of the IRPA:
The permanent resident or the foreign national continues to be inadmissible for misrepresentation for a period of two years following, in the case of a determination outside Canada, a final determination of inadmissibility under Subsection 40(1) [i.e. the date of the refusal letter] or, in the case of a determination in Canada, the date the removal order is enforced [according to Section 49 of the IRPA, a removal order comes into force on the latest of the following dates, except in respect of a refugee protection claimant: (i) the day the removal order is made, if there is no right of appeal; (ii) the day the appeal period expires, if there is a right to appeal but no appeal is made; and (iii) the day of final determination of the appeal, if an appeal is made]; and
Paragraph 40(1)(b) of the IRPA does not apply unless the Minister of Immigration is satisfied that the facts of the case justify the inadmissibility.
Non-Compliance with the IRPA
According to Section 41 of the IRPA, a person is inadmissible for failing to comply with the IRPA:
In the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of the IRPA; and
In the case of a permanent resident, through failing to comply with Subsection 27(2) [which states that a permanent resident must comply with any conditions imposed under the IRPR] or Section 28 of the IRPA.
This section provides for the refusal of admission, or the removal from Canada, of those persons who have contravened any condition or requirement under the IRPA or who are not respecting their obligations under the IRPA. However, a non-compliance allegation must be coupled with a specific requirement of the IRPA or the IRPR. It should not be considered a standalone allegation.
In other words, there must be a specific requirement elsewhere in the IRPA or IRPR to which the person has failed to comply. Generally, inadmissibility for failure to comply will continue until the person is no longer in non-compliance or leaves Canada. Therefore, a person who works in Canada in violation of their status but who subsequently ceases to work will continue to be in non-compliance during the period of their current stay in Canada.
Inadmissible Family Member
According to Section 42 of the IRPA, a foreign national, other than a person granted refugee protection, is inadmissible on grounds of an inadmissible family member if:
Their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or
They are an accompanying family member of an inadmissible person.
According to Section 23 of the IRPR and for the purposes of Paragraph 42(a) of the IRPA, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that:
The foreign national has made an application for a permanent resident visa or to remain in Canada as a permanent resident; and
The non-accompanying family member is:
The spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,
The common-law partner of the foreign national,
A dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or
A dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.
In summary, foreign nationals (but not permanent residents) are inadmissible under this ground if their accompanying family member is inadmissible or they are themselves a family member who accompanies an inadmissible person. Also, in certain prescribed cases (as described in Section 23 of the IRPR) a person will also be inadmissible where a family member who is NOT accompanying them is considered inadmissible. The standard of proof required to establish this allegation is the "balance of probabilities".
? Why did it take so long and what is ur case status now? Thumbs up fr ur stamina.
