Individuals

What is Inadmissibility?

Inadmissibility refers to the conditions under which a person is not permitted to enter or stay in Canada. Reasons for inadmissibility include security risks, involvement in criminal activity, human or international rights violations, health grounds, financial reasons, misrepresentation, or non-compliance with the Immigration and Refugee Protection Act (IRPA).

Who Can Be Inadmissible?

The above grounds for inadmissibility cover not just things that have happened, but also things that might happen or are happening now. If there are reasonable grounds to believe someone falls within these parameters, they can be deemed or found inadmissible. This includes individuals with criminal convictions, connections to organized crime, past immigration violations, or health conditions that could be a risk to public health or safety, among others.

The Role of the Immigration Division of the Immigration and Refugee Board (IRB)

Depending on the nature of the inadmissibility and a person’s immigration status, immigration or border officers can sometimes determine that a person is inadmissible to Canada. In other cases, the Immigration Division of the IRB will conduct admissibility hearings for those identified as inadmissible under the law. They determine if the person should be removed from Canada or allowed to stay under certain conditions.

In some cases, the Immigration Division's inadmissibility decision can be appealed to the Immigration Appeal Division (IAD) or judicially reviewed by the Federal Court.

Overcoming Inadmissibility

Solutions to overcome inadmissibility depend on the nature of the inadmissibility and require careful preparation and presentation of your case to immigration authorities. The solutions can include, among others:

1. Temporary Resident Permit (TRP): This is a temporary solution to overcome inadmissibility for a specific reason and duration. To qualify for a TRP, your need to enter or remain in Canada must surpass any health or safety risks to Canadian society, as evaluated by an immigration or border services officer.
2. Rehabilitation: For those with past criminal activity, demonstrating that they are no longer a risk can make them admissible. Depending on the crime and surrounding circumstances, you can convince an immigration officer that you are rehabilitated under Canada’s immigration law or you may be required to apply for rehabilitation.
3. Record Suspension: Formerly known as a pardon, this clears the record of a Canadian conviction.
4. Submitting New Evidence: Presenting new and relevant information that was not previously considered can sometimes reverse an inadmissibility decision.
5. Medical Inadmissibility Mitigation: For health-related inadmissibility, providing additional medical assessments or demonstrating that you have adequate financial resources to cover your healthcare costs in Canada can help.
6. Appealing the Decision: In cases where the Immigration Division renders an inadmissibility decision, you may be able to appeal to the Immigration Appeal Division (IAD) or seek a judicial review by the Federal Court of Canada.
7. Legal Opinion Letter: A document from a Canadian immigration lawyer arguing your admissibility based on legal grounds. In some instances, you can request relief based on humanitarian and compassionate (H&C) considerations.

Ministerial Relief for Inadmissibility

Individuals found inadmissible to Canada on serious grounds such as security, human or international rights violations, or organized criminality can seek ministerial relief. This process involves an application to the Minister of Public Safety and Emergency Preparedness, requesting a declaration of relief under subsection 42.1(1) of the IRPA. If granted, this relief declares the individual admissible, provided it aligns with the national interest.

Why Choose Our Law Firm?

Navigating the complexities of inadmissibility can be challenging. Our legal team has years of experience in Canadian immigration law, including inadmissibility cases. We provide strategic guidance through the application process, help gather and submit necessary documentation, and represent clients in admissibility hearings before the Immigration Division. Our expertise significantly increases the likelihood of a favorable outcome.