Admissibility problems - an overview

There are a number of reasons why someone may be considered inadmissible to Canada. These are covered in sections 33 - 42 of the Immigration and Refugee Protection Act (IRPA) and include:

• Security;

• Human or international rights violations;

• Criminality & Serious Criminality;

• Organized criminality;

• Health grounds;

• Financial reasons;

• Misrepresentation;

• Non-compliance with the Act; and

• Inadmissible family member.

All of these grounds of inadmissibility apply to foreign nationals and many can also affect permanent residents. For foreign nationals, an admissibility issue may prevent entry to Canada, a refusal on an extension application or removal from Canada. For permanent residents, it could mean the loss of permanent residence status.

Whenever an admissibility issue presents itself, an officer will provide the individual with a procedural fairness letter and provide them an opportunity to respond to the allegations. It is critically important to provide a comprehensive response to any inadmissibility allegations. Failing to overcome inadmissibility issues at the outset could lead to long-lasting and irreversible consequences.