Tag Archives: Inadmissibility

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 byContinue Reading

The “Innocent Mistake” Defence to Misrepresentation

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 thatContinue Reading

Useful Rehabilitation Decision

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 importantContinue Reading

Inadmissibility Due to Non-Compliance with the Act

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-complianceContinue Reading

Determining Equivalency

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

Income Tax Statements and Inadmissibility

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 reasonContinue Reading

Immigration Consequences of a Conviction and Sentence in Canada

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.Continue Reading

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. Continue Reading