Section 34 : Grounds of Inadmissibility

[NJT]

Hello.

Currently my spouse is facing an interview with C.S.I.S in regards to Section 34 of the The Immigration and Refugee Protection Act. Finding valid and non-conflicting information is proving daunting, at best. We were wondering if anyone could share any insight into this matter in regards to; What to expect in general? Are there grounds to fight it?

We look forward to any replies we may recieve. This whole sitituation is becoming quite frustrating.

Thanks!

 

[PMM]

Hi

Hello.

Currently my spouse is facing an interview with C.S.I.S in regards to Section 34 of the The Immigration and Refugee Protection Act. Finding valid and non-conflicting information is proving daunting, at best. We were wondering if anyone could share any insight into this matter in regards to; What to expect in general? Are there grounds to fight it?

We look forward to any replies we may recieve. This whole sitituation is becoming quite frustrating.

Thanks!

REPORTS UNDER SECTION 34 ARE NOT A "DO IT YOURSELF" JOB GET AN EXPERIENCED IMMIGRATION LAWYER AND QUICKLY.


34. (1) A permanent resident or a foreign national is 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;
(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).

Exception

(2) The matters referred to in subsection (1) do not constitute inadmissibility in respect 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.

Go to http://www.canlii.org/en/ca/irb/index.html and search there with 34(1) in the text field. It will give you a good idea what you will be facing.

PMM

 

[NJT]

We thank you for your reply. My wife called a Immigration Lawyer and got some straight forwards answers. Basically he said it can go either way, it's not good, but it's not bad, but it is serious. She also managed to talk to the Immigration Officer in charge of her case who stated pretty much the same, but told her to prepare for the worse and told her this was a "unique" case, seeing as she was an elected Councillor in government. (She is British and was involved in a Nationalist Party years ago) and if she gets detained to call a lawyer right away.

Her interview with CSIS is almost 2 months away. Is this standard for someone they deem a threat?

We thank you for your reply PMM.