Inadmissible Family Members

Steven MeurrensUncategorized

Section 42(1) of the Immigration and Refugee Protection Act provides:

Inadmissible family member

42 (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

(a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

(b) they are an accompanying family member of an inadmissible person.


In Kolawole v. Canada (Citizenship and Immigration), 2023 FC 1384, an individual’s permanent residence application was refused because her husband was inadmissible to Canada for misrepresentation. Madam Justice Sadrehashemi was concerned that the misrepresentation finding was unreasonable. She accordingly set aside the refusal of the inadmissible family member, and ordered that IRCC provide the principal applicant with the opportunity to re-open the file.