The following is an e-mail exchange between an immigration representative and Citizenship and Immigration Canada regarding the immigration consequences of foreign expungements for individuals who otherwise may be inadmissible to Canada.   Please note that what I have reproduced below should not be viewed as legal advice.  The adaptation of the question and answer has not occurred with the affiliation of the Government of Canada, nor with the endorsement of the Government of Canada. Question – May 7, 2013 Greetings, My name is __________ and I am a Canadian Immigration Lawyer […]

Read more ›

The following are some excerpts from the May 2010 RIMbits.  RIMbits are messages sent from National Headquarters to missions overseas.  The May 2010 RIMbits on admissibility consisted of seven questions and answers.  I have reproduced three of them for free below. Please note that the questions and answers below should not be viewed as legal advice.  Rather, they are simply reproductions of how CIC senior management answered specific questions from visa offices in May 2010. Seized Travel Document Q) We were notified by the authorities that a permanent resident travelling on […]

Read more ›
Data Confirms Removals from British Columbia Up Since Conservatives Took Office

We have obtained through an Access to Information and Privacy Act request data showing the Canada Border Services Agency’s removal statistics for people in British Columbia from 2003 – 2012 (2012 is partial).  I have reproduced below two pages of the data.  We have also obtained a chart showing Removal Orders from British Columbia by Country of Birth by Year, which I have not published.  If you wish to see it please contact me and I will send it to you by e-mail. As the chart below demonstrates, removals from British […]

Read more ›

On October 12, 2011, I wrote about how the Federal Court in Osisanwo had certified the following question: Is a foreign national inadmissible for misrepresenting a material fact if at the time of filing his/her application for permanent residence or at the time of granting permanent residence he/she had no knowledge of the material fact that constituted such misrepresentation?   Ultimately, the Respondent in Osisanwo did not litigate to the Federal Court of Appeal.  However, on April 13, 2012,  the Federal Court issued several judgements in misrepresentation cases that establish a clear rule regarding whether […]

Read more ›

It’s not often that you see a Federal Court decision specifically discussing whether an officer’s decision to reject an Application for Criminal Rehabilitation was reasonable.  That’s why I read the just released decision in Hadad v. Canada (The Minister of Citizenship, Immigration, and Multiculturalism), 2011 FC 1503, with much interest. The case affirmed several important principles of rehabilitation applications, including that: The Minister should take into consideration the unique facts of each particular case and consider whether the overall situation warrants a finding that the individual has been rehabilitated. That rehabilitation […]

Read more ›

Individuals can be inadmissible to Canada for numerous reasons, including criminality, misrepresentation, medical issues, and non-compliance with Canadian immigration legislation.  This latter reason, non-compliance with the Canadian immigration legislation, can seem extremely vague.  Fortunately, the Citizenship and Immigration Canada Manual contains a list of the different frequently used reasons for declaring someone inadmissible for non-compliance with the Act. They are: Entering Canada to remain on a permanent basis without first obtaining a permanent resident visa. Entering Canada to remain on a temporary basis without first obtaining a temporary resident visa. Entering […]

Read more ›
Determining Whether a Criminal Offence Will Make You Inadmissible to Canada

An individual who has been convicted of offense outside of Canada needs to determine what the equivalent offense would be in Canada.

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 […]

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 ›
SSNP Members Immigrating to Canada

The Federal Court has affirmed that membership in the Syrian Socialist Nationalist Party (“SSNP”) can render an individual inadmissible to Canada pursuant to s. 34(1) of the Immigration and Refugee Protection Act.

Read more ›

Next Page »