IRCC ENF2 – Evaluating Inadmissibility




Immigration, Refugees and Citizenship Canada Enforcement Manual 2 / Overseas Processing 18 – Evaluating Inadmissibility (“ENF2“) contains the following chapters.

1 What this chapter is about

2 Program objectives

3 Departmental policy on criminality
3.1 Reasonable grounds versus balance of probabilities
3.2 Convicted in or outside Canada/Committing an act
3.3 Convictions in Canada
3.4 Convictions outside of Canada
3.5 “Committing an act” provisions-A36(1)(c) and A36(2)(c)
3.6 Foreign judicial process
3.7 Essential case elements
3.8 When to use the “committing an act” provisions
3.9 When not to use the “committing an act” provisions
3.10 Use of the “committed an act” provisions in unusual situations
3.11 Reasonable grounds to believe and the gathering of evidence
3.12 Committing on entering Canada [A36(2)(d)] 3.13 Policy intent
3.14 Policy application
3.15 Presumption of innocence
3.16 Reasonable grounds to believe and the gathering of evidence
3.17 Essential case elements
3.18 When to use “committing, on entering Canada” provisions
3.19 When not to use the “committing, on entering Canada” provisions
3.20 “Committing, on entering Canada” provisions – application

4 Security screening pursuant to section(s) 34, 35 and/or 37 of IRPA
4.1 Mandate of the National Security Screening Division, CBSA

7 Security
7.1 Mandate of the Security Intelligence Section
7.2 Security Grounds-A34(1)
7.3 Espionage -A34(1)(a)
7.4 – membership -A34(1)(f)

8 Human or international rights violations
8.1 Human or international rights [A35(1 )]

8.2 Policy intent.
8.3 Crimes against humanity, genocide, war crimes and terrorist acts
8.4 Senior members/officials of governments designated by the Minister of PSEP
8.5 International travel sanctions [A35(1 )(c)]

9 Medical inadmissibility
9.1 Medical inadmissibility for temporary entry
9.2 Medical inadmissibility for permanent residence
9.3 Requesting a medical admissibility opinion from IRCC Migration Health Branch (MHB)

10 Financial reasons
10.1 Protected persons in Canada and their family members

11 Misrepresentation
11.1 Policy intent.
11.2 Misrepresentation or withholding material facts.
11.3 Principles
11.4 Materiality
11.5 An error in the administration of the Act
11.6 Fraudulent documents
11. 7 At visa offices and ports of entry
11.8 In Canada
11.9 Visa office procedures
11.10 Examples
11.11 Sponsorship cases
11.12 Vacation of refugee status for misrepresentation
11.13 Ceasing to be a citizen under paragraph 10(1 )(a) of the Citizenship Act..
11.14 Two-year inadmissibility and return to Canada

12 Non-compliance

12.1 Policy intent.
12.2 Examples of non-compliance allegation wording applicable to foreign nationals
12.3 Removal orders and returning without consent.
12.4 When is a removal order considered to be enforced?
12.5 Evidence for returning without consent
12.6 Application of A20(1 )(b)
12.7 Applications and documentation requirements
12.8 Non-compliance by permanent residents
12.9 Non-compliance with A27(2)
12.10 Non compliance with the residency obligation of A28

13 Inadmissible family members
13.1 Persons whose accompanying family member is inadmissible
13.2 Persons who are accompanying an inadmissible family member

14 Refugees, protected persons and inadmissibility
14.1 Convicted in Canada

14.2 Convicted outside Canada
14.3 Violators of human or international rights/ security threats I organized criminality

15 Relief provisions
15.1 Overview of relief mechanisms
15.2 Record suspension for convictions in Canada
15.3 Criminal rehabilitation
15.4 Passage of time
15.5 Imposed sentences incorporating a “time served” provision
15.6 National interest
15. 7 National interest considerations

16 Definitions
16.1 Committing an act
16.2 Conviction
16.3 Omission
16.4 Organization
16.5 Pattern of criminal activity
16.6 Withholding


Appendix B National Interest Information Sheet
Appendix C International sanctions for the purpose of A35(1 )(c)
Appendix D Form Cases where Money Laundering and/or Terrorist Financing is Suspected
Appendix E Letter to compel persons to appear for an examination
Appendix F Letter to compel foreign nationals to appear for an interview with CSIS