Canadian immigration law contains multiple grounds of inadmissibility that can affect entry to Canada, temporary residence, permanent residence and continued status. The exact statutory provision, evidence and immigration status must be identified before choosing a remedy.
Principal inadmissibility grounds under IRPA
- Security
- Human or international rights violations
- Sanctions
- Serious criminality and criminality
- Organized criminality
- Health grounds
- Financial reasons
- Misrepresentation
- Non-compliance with IRPA
- Inadmissible family member provisions
How inadmissibility can arise
Issues can arise at a port of entry, during an immigration application, through an inland investigation or in an admissibility proceeding. Depending on the allegation and the person’s status, the process may involve an officer’s decision, a section 44 inadmissibility report, a removal order or an admissibility hearing before the Immigration Division.
Remedies depend on the ground
Possible responses may include contesting the factual or legal basis of the allegation, rehabilitation for qualifying criminal inadmissibility, a Temporary Resident Permit, an IAD appeal where a statutory right exists, or Federal Court judicial review through FDI’s in-house lawyer authorized to practise before the Federal Court. Some serious inadmissibility grounds restrict IAD appeal rights.
What happens after an inadmissibility concern is raised?
The procedure depends on where the issue arises and the person’s immigration status. An allegation may be raised during an application, at a port of entry or through inland enforcement. In some cases an officer may prepare a report under IRPA section 44. The matter may lead to a removal order or be referred to the Immigration Division for an admissibility hearing, depending on the statutory process that applies.
Admissibility hearings before the Immigration Division
Where a CBSA officer prepares a section 44 inadmissibility report, the next step depends on the applicable law and the person's circumstances. A matter may proceed to an admissibility hearing before the Immigration Division, but not every report leads to a hearing.
At an admissibility hearing, the Immigration Division determines whether the person is inadmissible on the alleged ground. The underlying statutory provision and the Minister’s evidence should be reviewed carefully. Counsel Harjeet Arora, RCIC-IRB, is authorized to represent clients before the Immigration Division within the regulated scope of practice.
Inadmissibility and removal orders
An inadmissibility finding can have serious consequences, including a removal order. Appeal rights are not identical in every case. Status, the ground of inadmissibility and statutory appeal restrictions must be assessed before assuming that an IAD appeal is available.
Misrepresentation and criminal inadmissibility
Two frequently encountered grounds require their own analysis. See Immigration Misrepresentation for IRPA section 40 allegations and Criminal Inadmissibility for criminality, equivalency, rehabilitation and Temporary Resident Permit issues.
Documents to review
- CBSA or IRCC allegation letters and reports
- Procedural fairness correspondence and previous responses
- Immigration applications and declarations
- Criminal records, court documents or foreign judgments where relevant
- Prior immigration and refugee decisions
- Any removal order, direction to report or hearing notice
This page provides general information only and is not legal advice. The procedure, burden and available remedy depend on the particular inadmissibility allegation and immigration status.
Related Inadmissibility Remedies
The correct response depends on the specific statutory ground. Review Misrepresentation, Criminal Inadmissibility and, where temporary admission despite inadmissibility may be justified, Temporary Resident Permits. If a removal order has resulted, see Removal Orders & Deportation. Book a consultation for an assessment of the applicable ground and remedy.
Immigration criteria, document requirements and public policies can change. Advice should be based on the rules and facts applicable when you apply.