People applying for a Canadian permanent resident visa are regarded to undergo medical examinations. Many people with certain conditions are understandably apprehensive about how these examinations will impact their ability to immigrate. In this post, I hope to provide an overview about the issue of “excessive demand on health or social services,” which is probably the medical evaluation component that causes the most misconceptions.Read more ›
Section 35 of the Immigration and Refugee Protection Act (the “IRPA“) provides that:
Human or international rights violations
35 (1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for
(a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
(b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act; or
(c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association.
Sections 4 to 7 of the CAHWCA
Hence, pursuant to s. 35(1)(a) of the IRPA, a permanent resident or a foreign national is inadmissible to Canada on grounds of violating human or international rights for committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act (the “CAHWCA”).
Section 4 of the CAHWCA includes genocide, a crime against humanity and war crimes.
Crimes against humanity means murder, extermination, enslavement, deportation, imprisonment, torture, sexual violence, persecution or any other inhumane act or omission that is committed against any civilian population or any identifiable group and that,Read more ›
People who either face removal or who have received a removal order should contact a lawyer immediately to determine what their options are. The purpose of this post is to provide an overview of the legislative scheme for deferring removal orders. It provides a general framework, and cannot substitute the advice that a lawyer can give when he applies these facts to your situation.Read more ›
Are you an individual who has served in the government, the public service, the military, or the judiciary of a government that might have engaged in human rights or international rights obligations? Are you considering traveling to, working in, or immigrating to Canada? If you answer yes to either of these questions, you will definitely want to read on to determine whether your application could be in jeopardy.Read more ›
On December 8, 2010, the Federal Court released its decision in Masych v. Canada (Citizenship and Immigration), 2010 FC 1253 (“Masych“) The case involved an individual whose temporary work permit application was denied because she did not produce income tax statements from 2002-2006 after an immigration officer (the “Officer”) requested that she do so. The reason that the Officer wanted copies of her tax statements was not to confirm her employment history for determining whether or not she was qualified for the job that she was applying for, but rather to determine whether or not she was inadmissible for having ever committed tax evasion.
The applicant had never been convicted of a criminal offense. No evidence was ever presented that she had been charged with a criminal offense. Finally, it is important to note that the applicant lived in the United Kingdom from 2002-2006, a country with a legal system similar to Canada’s.
The applicant did not produce the income tax statements as requested, and her application was rejected on the grounds that the Officer was unable to determine whether or not she was inadmissible to Canada for having committed an offense abroad that would constitute an indictable offense in Canada (tax evasion). The Federal Court upheld the Officer’s decision. The Court noted that the Officer had a duty to be satisfied that the applicant was not inadmissible, and that tax evasion could result in an applicant being inadmissible.
A reading of the case suggests that the only argument that the applicant’s counsel made was that the applicant had provided a statement stating that she only worked part time, confirmed by the employer, and that this should have satisfied the visa officer. The Federal Court quickly punted this decision aside noting that such a response did nothing to alleviate the officer’s concern.Read more ›
A person who has been found to be inadmissible to Canada on the grounds of serious criminality may not appeal to the Immigration Appeal Division.Read more ›
The Federal Court of Appeal has answered a question regarding inadmissibility under s. 34 of IRPA.Read more ›
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 order the person received.
Types of Removal Orders
Removal orders can be issued by officers at ports of entry, inland enforcement officers and the Immigration and Refugee Board’s (the “IRB”) Immigration Division.
There are three types of removal orders in Canada. These are the “Departure Order,” the “Exclusion Order,” and the “Deportation Order”.
A Departure Order requires that a person leave Canada within 30 days after the order becomes enforceable. Failure to do so causes the Departure Order to become a Deportation Order. Examples of where a Departure Order would occur is a permanent resident who fails to meet their residency obligation or eligible refugee claimants who are pending a deciison by the IRB.
An Exclusion Order provides that the removed person cannot return to Canada for one year unless the person obtains ARC. For Exclusion Orders resulting from misrepresentation the bar is five years. Examples of where an Exclusion Order would occur include foreign nationals who arrive at a port of entry without the appropriate documentation, foreign nationals who do not leave Canada by the end of their authorized stay and unauthorized work in Canada.
A Deportation Order results in a person being permanently barred from returning to Canada. Such a person may not return unless he/she receives ARC. Examples of where a Deportation Order would occur include criminality and national security concerns.
A removal order is enforced by the voluntary compliance of a foreign national with the removal order or by the removal of the foreign national by the Minister.Read more ›
On October 29, 2010, the Immigration and Refugee Board released Guideline 2 on Detention. The Guidelines are to assist Immigration Division members in determining whether or not to hold an individual in detention.Read more ›
The Federal Court has released its decision on the legality of the “decision” to prohibit former British MP George Galloway from entering Canada for having committed terrorism or been a member of a terrorist organization.Read more ›
Please note that none of the information on this website should be construed as being legal advice. As well, you should not rely on any of the information contained in this website when determining whether and how to apply to a given program. Canadian immigration law is constantly changing, and the information above may be dated. If you have a question about the contents of this blog, or any question about Canadian immigration law, please contact the Author.
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