Inadmissibility and Refusal Assistance
Professional guidance to overcome inadmissibility issues and address immigration refusals under the Immigration and Refugee Protection Act (IRPA)
Purpose
To enforce the Immigration and Refugee Protection Act (IRPA) by identifying individuals who may pose risks to Canadian society, and therefore, are not allowed entry or stay in Canada.
Reasons for Inadmissibility
Security Grounds
Involvement in espionage, subversion, terrorism, or violence that could threaten the security of Canada.
Human or International Rights Violations
Associating with war crimes or crimes against humanity.
Serious Criminality
Convicted of a crime either in Canada or abroad that would be punishable by a maximum term of imprisonment of at least 10 years if committed in Canada.
Organized Crime
Participation in criminal organizations or activities.
Health Grounds
Conditions that may endanger public health or safety, or might be an excessive demand on health or social services.
Financial Reasons
Inability or unwillingness to support oneself or dependents financially.
Misrepresentation
Providing false information or withholding information that is material to a decision made under the Immigration and Refugee Protection Act.
Non-Compliance
Violating the terms of Canada's immigration law, such as overstaying a visa or failing to leave Canada as instructed.
Overcoming Inadmissibility
Temporary Resident Permit (TRP)
Allows individuals who are inadmissible to enter Canada temporarily if their need to enter is justified.
Rehabilitation
For criminal inadmissibility, individuals may apply for rehabilitation if enough time has passed since the completion of the sentence.
Record Suspension (Pardon)
A pardon can remove grounds of criminal inadmissibility, depending on the nature of the crime.
Legal Advice and Appeals
Seeking legal counsel or appealing to the Immigration Appeal Division (IAD) in certain circumstances.
Important Considerations
Each case of inadmissibility is assessed on its unique circumstances, and the decision lies with the immigration authorities.
Being denied entry once does not permanently bar someone from Canada; it's possible to overcome inadmissibility with proper measures.
Implications
Inadmissibility can result in the refusal of visa or entry applications, deportation orders, or termination of permanent residency process.
Actions if Refused Entry or Visa
1Understand the Reason
Determine the specific grounds for inadmissibility or refusal.
2Collect Supporting Evidence
Gather documents that may support your case or clarify misunderstandings.
3Consult Legal Professionals
Seek assistance from an immigration consultant or lawyer specializing in Canadian immigration law.