+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

My mum may be inadmissible to Canada?

newbutterfly

Star Member
May 31, 2016
155
35
Inland
Category........
Job Offer........
Pre-Assessed..
Hi,

I'm facing a situation where my mum may be inadmissible to Canada under section 35(1)(a) and 35(1)(b) for being a police officer in the government of a country which has committed crimes against humanity. There is no evidence of any crimes committed by her personally but they are alleging she is guilty by association due to her mere membership in the police force. They believe that as a member of the police force, she must have had knowledge of the torture and other extra judicial killings carried out by other police officers against civilians and as a result must be complicit in it.

This is quite disconcerting because as a female, she was never allowed to bear arms (carry weapons) neither was she allowed to go to battle or engage in arrests or things like that. Women were only to be put in administrative positions within the force. Additionally, my country has a very large police force of about 400,000 officers spread across over 30 provinces. She has only worked in 2 out of about 35 provinces until her retirement. So really, she couldn't have been able to make much of an impact.

Now, in terms of the general allegations of torture and extra judicial killings, my country is a third world country, rife with corruption and all sorts. Officers barely have any training and they aren't paid well so some officers do misbehave and the government has tried several times to reform the sector and increase wages but it has been quite unsuccessful because people who choose to be bad will continue to be bad and break the law until they are caught. So while I acknowledge that there are bad cops, there are also good cops as well and it would be quite unfair to make the good cops stand trial for the bad cops.

Several countries like the UK and the US have stepped in to assist with general training and human rights training of our officers including the U.N which my country has been quite receptive to. The ICC has also conducted it's investigation and had found no credible claims against the security forces. Basically, the ICC does not believe that the allegations of crimes against humanity by the police force in my country is credible but they are still monitoring the situation.

How do I get her out of this? I would really appreciate some insights.

Also, does this automatically make my dad inadmissible as well?

Thank you.
 
Last edited:

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Hi,

I'm facing a situation where my mum may be inadmissible to Canada under section 35(1)(a) and 35(1)(b) for being a police officer in the government of a country which has committed crimes against humanity. There is no evidence of any crimes committed by her personally but they are alleging she is guilty by association due to her mere membership in the police force. They believe that as a member of the police force, she must have had knowledge of the torture and other extra judicial killings carried out by other police officers against civilians and as a result must be complicit in it.

This is quite disconcerting because as a female, she was never allowed to bear arms (carry weapons) neither was she allowed to go to battle or engage in arrests or things like that. Women were only to be put in administrative positions within the force. Additionally, my country has a very large police force of about 400,000 officers spread across over 30 provinces. She has only worked in 2 out of about 35 provinces until her retirement. So really, she couldn't have been able to make much of an impact.

Now, in terms of the general allegations of torture and extra judicial killings, my country is a third world country, rife with corruption and all sorts. Officers barely have any training and they aren't paid well so some officers do misbehave and the government has tried several times to reform the sector and increase wages but it has been quite unsuccessful because people who choose to be bad will continue to be bad and break the law until they are caught. So while I acknowledge that there are bad cops, there are also good cops as well and it would be quite unfair to make the good cops stand trial for the bad cops.

Several countries like the UK and the US have stepped in to assist with general training and human rights training of our officers including the U.N which my country has been quite receptive to. The ICC has also conducted it's investigation and had found no credible claims against the security forces. Basically, the ICC does not believe that the allegations of crimes against humanity by the police force in my country is credible but they are still monitoring the situation.

How do I get her out of this? I would really appreciate some insights.

Also, does this automatically make my dad inadmissible as well?

Thank you.
Unfortunately, there's nothing you can do to change this determination. IRCC has certainly investigated the matter before determining that your mom is inadmissible because of her knowledge of these crimes committed by the government/police force in her country. This is one of the three serious grounds of inadmissibility.

Yes, your dad is admissible both for permanent residence as well as for temporary residence visas
 

newbutterfly

Star Member
May 31, 2016
155
35
Inland
Category........
Job Offer........
Pre-Assessed..
Unfortunately, there's nothing you can do to change this determination. IRCC has certainly investigated the matter before determining that your mom is inadmissible because of her knowledge of these crimes committed by the government/police force in her country. This is one of the three serious grounds of inadmissibility.

Yes, your dad is admissible both for permanent residence as well as for temporary residence visas

Not even getting a lawyer can change this? They allege she has knowledge because of her rank and length of service.
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
Unfortunately, there's nothing you can do to change this determination. IRCC has certainly investigated the matter before determining that your mom is inadmissible because of her knowledge of these crimes committed by the government/police force in her country. This is one of the three serious grounds of inadmissibility.

Yes, your dad is admissible both for permanent residence as well as for temporary residence visas
Unless they are divorced, the father is inadmissible for PR.
 

zardoz

VIP Member
Feb 2, 2013
13,298
2,168
Canada
Category........
FAM
Visa Office......
London
App. Filed.......
16-02-2013
VISA ISSUED...
31-07-2013
LANDED..........
09-11-2013
Not even getting a lawyer can change this? They allege she has knowledge because of her rank and length of service.
If IRCC have made a "reasonable" assertion of "complicity by association", how do you propose that a lawyer would be able to counter that? Proving a negative is notoriously difficult.
 

Bryanna

VIP Member
Sep 8, 2014
14,136
3,122
Unless they are divorced, the father is inadmissible for PR.
It was a typo. Sorry.

The dad is inadmissible for both PR and any temporary residence visas, not just inadmissible for PR.

This is because inadmissibility for security or human rights violations/crimes against humanity are among the three subsections of the Section 42(1) and 42(2) of the Act that makes a family member of an inadmissible member also inadmissible for temporary residence visas
 

canuck_in_uk

VIP Member
May 4, 2012
31,548
7,210
Visa Office......
London
App. Filed.......
06/12
It was a typo. Sorry.

The dad is inadmissible for both PR and any temporary residence visas, not just inadmissible for PR.

This is because inadmissibility for security or human rights violations/crimes against humanity are among the three subsections of the Section 42(1) and 42(2) of the Act that makes a family member of an inadmissible member also inadmissible for temporary residence visas
:)