Section 34(1) of Canada’s Immigration and Refugee Protection Act provides, amongst other things, that a foreign national or Canadian permanent resident is inadmissible to Canada for engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests, or being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in espionage against Canada or that is contrary to Canada’s interests. It is one of the most serious inadmissibilities in Canadian immigration law. Guidelines Immigration, Refugees and Citizenship Canada’s (“IRCC”) Enforcement Manual 2 – Inadmissibilities contains the following definitions and guidance to officers regarding how immigration officials are to determine whether someone is inadmisisble to Canada for espionage. Espionage is defined as a method of information gathering by spying; that is, the gathering of information in a surreptitious manner, secretly seeking out information usually from a hostile country to benefit one’s own country. Paragraph A34(1)(a) contains two possible allegations that could render a permanent resident or foreign national inadmissible to Canada for acts of espionage: 1. if the act of espionage is against Canada, or 2. if the act of espionage is contrary to Canada’s interests. Espionage “against Canada” … Read More
Inadmissibility for Terrorism or Membership in a Terrorist Group
The Federal Court of Appeal has answered a question regarding inadmissibility under s. 34 of IRPA.