Rehabilitation Applications

Meurrens LawInadmissibility

Section 36(3)(c) of the Immigration and Refugee Protection Act provides the legislative basis for rehablitation applications. It states that: 36(3)(c) the matters referred to in paragraphs (1)(b) and (c) and (2)(b) and (c) do not constitute inadmissibility in respect of a permanent resident or foreign national who, after the prescribed period, satisfies the Minister that they … Read More

The “Innocent Mistake” Defence to Misrepresentation

Meurrens LawJudicial Reviews

Canadian immigration law provides that a person who makes an application must answer truthfully all questions put to them for the purpose of the examination.  One of the most difficult issues to resolve when an individual is immigrating to Canada are allegations from the Government of Canada about misrepresentation. Section 40(1)(a) of Canada’s Immigration and Refugee … Read More

Expungements, Pardons and Inadmissibility

Meurrens LawInadmissibility

A question that often gets asked is whether a United States pardon or expungement results in a person no longer being inadmissible to Canada.  Expungements As noted in IRCC’s 2021 United States Criminality Assessment Guide (the “IRCC NY Guide“), in reviewing a rehabilitation application that includes an expungement or other permanent relief mechanism, it is … Read More

Inadmissibility Due to Non-Compliance with the Act

Meurrens LawInadmissibility

Individuals can be inadmissible to Canada for numerous reasons, including criminality, misrepresentation, medical issues, and non-compliance with Canadian immigration legislation.  The latter reason, non-compliance with the Canadian immigration legislation, can seem extremely vague. Fortunately, the Immigration, Refugees and Citizenship Guidelines contains a list of the different frequently used reasons for declaring someone inadmissible for non-compliance … Read More

RIMbits Revealed (May 2010)

Meurrens LawInadmissibility

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 … Read More

Income Tax Statements and Inadmissibility

Meurrens LawInadmissibility, Work Permits

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 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 … Read More