Deemed Rehabilitation

Steven MeurrensInadmissibility

An individual who is criminally inadmissible to Canada may be deemed rehabilitated depending on the crime that was committed, the amount of time that has passed since the crime was committed, the maximum term of punishment for the crime and whether the person committed one or more crimes. It is not necessary to apply to … Read More

The IMM5707 and the Definition of Accompanying

Steven MeurrensInadmissibility

The IMM57-5 asks applicants to delcare whether any family members will accompany them to Canada. There has been confusion over what “accompany” means that two recent Federal Court of Canada decisions have addressed. In Adepoju v Canada (Citizenship and Immigration), 2022 FC 438, a husband and wife independently submitted study permit applications. In each application … Read More

Ministerial Relief Exemption Requests

Meurrens LawInadmissibility

Foreign nationals who are found to be inadmissible to Canada on the basis of security (including espionage, subversion, engaging in terrorism, or being a member of a group that engages in terrorism), certain human and international rights violations, or organised crime can still visit or immigrate to Canada despite being inadmissible for such serious reasons if they … Read More

Temporary Resident Permits

Meurrens LawInadmissibility

On June 28, 2019 Immigration, Refugees and Citizenship Canada substantially changed the guidance that it provides to officers regarding the issuance of Temporary Resident Permits (“TRPs“).  The biggest change was the removal of the statement that TRPs could not be issued for administrative convenience. People who do not meet the requirements of the Immigration and Refugee … Read More

Expungements, Pardons and Inadmissibility

Meurrens LawInadmissibility

A question that often gets asked is whether a United States pardon or expungement results in a person no longer being inadmissible to Canada.  Expungements As noted in IRCC’s 2021 United States Criminality Assessment Guide (the “IRCC NY Guide“), in reviewing a rehabilitation application that includes an expungement or other permanent relief mechanism, it is … Read More

The CBSA Databases – ICES, FOSS, CPIC, and NCIC

Meurrens LawInadmissibility

In 2013 the Federal Court released its decision in Martin-Ivie v. Canada (Attorney General), 2013 FC 772 (“Martin-Ivie“), a case which involved a Canada Border Services Agency (“CBSA“) officer who sued CBSA over what she regarded as safety issues.  The case revealed much about the operations of the CBSA at land ports of entry.  I have combined … Read More

Rehabilitation Applications

Meurrens LawInadmissibility

Section 36(3)(c) of the Immigration and Refugee Protection Act provides the legislative basis for rehablitation applications. It states that: 36(3)(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they … Read More

Borderlines Podcast #51 – Inadmissibility to Canada for Committing a Criminal Offence, with Sania Chaudhry

Meurrens LawInadmissibility

A discussion of when someone can be inadmissible to Canada for having committed a crime which doesn’t lead to a conviction. Cases referenced are Garcia v. Canada (Citizenship and Immigration), 2021 FC 141 and Dlieow v. Canada (Citizenship and Immigration), 2020 FC 59 Sania (Ahmed) Chaudhry was counsel in Garcia. She is currently Legal Counsel … Read More

Authorizations to Return to Canada

Meurrens LawInadmissibility

Section 52(1) of Canada’s Immigration and Refugee Protection Act provides that a person who has been removed from Canada cannot return to Canada unless the person first receives specific authorization from immigration authorities.  This authorization is known as “authorization to return to Canada” (an “ARC“).  Whether an ARC is needed will depend on what type of removal … Read More