A Common Sense Approach to A44 Reports

Meurrens LawInadmissibility

Canada’s Immigration and Refugee Protection Act (the “Act“) provides that an officer who believes that a foreign national or permanent resident in Canada is inadmissible to Canada (for criminality, health, overstay, working without authorization, etc.) may prepare a report alleging the inadmissibility (commonly known as an “A44 Report“).   The Act further provides that once an officer prepares an … Read More

Misrepresentation

Meurrens LawInadmissibility

Section 40 of the Immigration and Refugee Protection Act provides that a permanent resident or foreign national is inadmissible to Canada for directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of Canada’s immigration laws. The general consequence of misrepresenting is a five-year ban … Read More

The Passenger Protect Program

Meurrens LawInadmissibility

On June 18, 2015 the Secure Air Travel Act received Royal Assent.  It enhanced the Passenger Protect Program, more commonly called the “no-fly list.” The previous Conservative Government of Canada strengthened the Passenger Protect Program in response to an increase in the number of individuals travelling from Canada to participate in foreign conflicts, and in particular joining … Read More

Providing a Right of Appeal to Medically Inadmissible Immigrants

Meurrens LawInadmissibility

On December 3, 2015, Don Davies, the member of Parliament for Vancouver Kingsway, introduced Bill C-214, An Act to Amend the Immigration and Refugee Protection Act (Appeals) (Bill C-214).  If passed, Bill C-214 would provide a right of appeal to the Immigration Appeal Division (IAD) for prospective immigrants whose applications for permanent residency are refused because Immigration, Refugees … Read More

Changes to Canada’s Excessive Demand Policy

Meurrens LawInadmissibility

On June 1, 2018 Canada’s Minister of Immigration, Refugees and Citizenship Canada implemented a Temporary Public Policy Regarding Excessive Demand on Health and Social Services (the “Public Policy”). Canada’s Immigration and Refugee Protection Act states that a foreign national is inadmissible to Canada on health grounds if their health condition might reasonably be expected to cause excessive demand … Read More

The CBSA Search of Electronic Devices

Meurrens LawInadmissibility

Although it is uncommon for the Canada Border Services Agency to search the electronic devices of people entering Canada, it does happen. In an episode of the Borderlines Podcast, which I co-host with Peter Edelmann and Deanna Okun-Nachoff, we discussed the constitutional legalities of the CBSA searching electronic devices with Marilyn Sanford, a criminal defence … Read More

Misrepresentations and H&C

Meurrens LawInadmissibility

Several large scale immigration frauds in recent years have resulted in thousands of permanent residents facing removal of Canada for misrepresentation.  Many are filing appeals based on humanitarian & compassionate considerations. In assessing such appeals, both the Canada Border Services Agency, Immigration, Refugees and Citizenship Canada and the Immigration Appeal Division face the task of … Read More

The Right to Counsel at the Port of Entry

Meurrens LawInadmissibility

Section 10(b) of the Canadian Charter of Rights and Freedoms provides that: 10. Everyone has the right on arrest or detention (b) to retain and instruct counsel without delay and to be informed of that right; and In the immigration context, the right to counsel does not arise at most secondary examinations, unless the person is actually … Read More

When the Port of Entry Can Issue Exclusion Orders

Meurrens LawInadmissibility

Each day thousands of people cross Canadian ports of entry.  There, the Canada Border Services Agency (“CBSA“) will interview them to determine if they are admissible to Canada.  If CBSA has concerns about whether someone is inadmissible to Canada, or determines that they are in fact inadmissible to Canada, then the CBSA can either further … Read More