Immigration Law: Grounds for Inadmissibility

Grounds for Inadmissibility

• Security Grounds (Section 34): A permanent resident or foreign national may be deemed inadmissible due to:

  • Espionage activities against Canada or its interests.
  • Subversion of any government by force.
  • Subversion against a Canadian democratic government, institution, or process.
  • Terrorism involvement.
  • Being a danger to Canadian security.
  • Acts of violence endangering lives or safety in Canada.
  • Membership in an organization reasonably believed to engage in the above activities.

• Violating Human or International Rights (Section 35): Inadmissibility due to:

  • Committing crimes against humanity or war crimes outside Canada (referencing sections 4-7 of the Crimes Against Humanity and War Crimes Act).
  • Being a senior government official involved in terrorism, gross human rights violations, genocide, war crimes, or crimes against humanity.
  • Being a person (excluding permanent residents) whose entry or stay is restricted by international organization sanctions that Canada has imposed or agreed to impose.

• Serious Criminality (Section 36): Inadmissibility due to:

  • Canadian convictions for offenses punishable by at least 10 years' imprisonment, or offenses with more than 6 months' imprisonment.
  • Foreign convictions for offenses that, if committed in Canada, would be punishable by at least 10 years' imprisonment.
  • Foreign acts that constitute Canadian offenses punishable by at least 10 years' imprisonment.

• Criminality (Foreign Nationals - Section 36.2): Inadmissibility for foreign nationals due to:

  • Canadian convictions for indictable offenses or two offenses that are not part of a single incident.
  • Foreign convictions for indictable offenses or two offenses in Canada or two not arising from a single incident.
  • Committing an offense under an Act of Parliament on entering Canada (as outlined by regulations).

• Organized Criminality (Section 37):

  • Membership in an organization involved in planned criminal activity.
  • Engaging in transnational crimes like people smuggling, human trafficking, or money laundering.

Health Grounds (Section 38)

• Inadmissibility based on health conditions posing a danger to public health, safety, or placing excessive demand on health/social services.

Financial Grounds (Section 39)

• Inadmissibility if unable or unwilling to support oneself or dependents without sufficient alternative arrangements (excluding social assistance).

Misrepresentation Grounds (Section 40)

• Inadmissibility for misrepresenting or withholding material facts that could influence the administration of the Act.
• Being sponsored by someone deemed inadmissible for misrepresentation.
• Vacating a refugee protection decision.
• Ceasing to be a Canadian citizen for specific reasons under the Citizenship Act.

Non-Compliance with the Act (Section 41)

• Inadmissibility for foreign nationals who violate provisions within the Act.
• Inadmissibility for permanent residents who fail to comply with A27(2) or A28.

Inadmissible Family Member (Section 42):

• Inadmissibility if a foreign national's accompanying or non-accompanying family member is inadmissible.
• Inadmissibility if the foreign national is an accompanying family member of an inadmissible person.

Minister's Discretion (Section 42.1)

• The Minister can exempt specified inadmissibility reasons (Sections 34, 35(1b & c), 37(1)) if it is not against the national interest, based on their judgment.
• The Minister can only consider national security and public safety in these decisions and need not focus just on the specific danger the applicant might pose.

Explore the crucial grounds for inadmissibility in Canadian immigration law, including security grounds and violations of human or international rights. This quiz delves into key sections that outline specific activities and affiliations that may deem a person inadmissible to Canada. Test your knowledge on these important legal principles.