When a person is found inadmissible to Canada it means that the immigration officer reviewing your application believes there is a reason why you should not be in Canada. If you are found inadmissible, it means you are unable to visit, work or study in Canada, and if you are already in Canada you may have to leave Canada immediately.
What are the grounds of inadmissibility?
|Source Sections of the Immigration and Refugee Protection Act (IRPA)||Who can be found inadmissible?|
|Section 34||✔️||✔️||Security Grounds||Engaging in terrorism|
|Section 35||✔️||✔️||Human or International Rights Violations||Being a senior member of a government that has engaged in a genocide|
|Section 36(1)||✔️||✔️||Serious Criminality||Being convicted of an offence in Canada for which the term of imprisonment is greater than 6 months|
|Section 36(2)||✔️||Criminality||Being convicted of two offences in Canada not arising out of a single occurrence|
|Section 37||✔️||✔️||Organized Criminality||Engaging in human trafficking|
|Section 38||✔️||Health Grounds||Could reasonably cause excessive demand on the Canadian health care system|
|Section 39||✔️||Financial Reasons||Unwilling or unable to support oneself|
|Section 40||✔️||✔️||Misrepresentation||“Directly or indirectly misrepresenting or withholding material facts”|
|Section 41||✔️||✔️||Non-Compliance with the IRPA||A permanent resident not meeting the residency obligations with respect to every five-year period|
|Section 42||✔️||Family Member is inadmissible||Their accompanying (or non-accompanying family member in some situations) is an inadmissible person.|
What can you do if you are found to be inadmissible?
There are a few options depending on your situation of ways you may be able to overcome being found inadmissible such as taking your case to the Immigration Division for a hearing, appealing the decision at the Immigration Appeal Division, applying for a Judicial review, or requesting a Temporary Resident Permit.
The options are unique to your matter so it’s important to reach out to a legal representative to guide you through the process. If you are found to be inadmissible, it can have long-term repercussions. It is therefore important to deal with being found inadmissible as it could impact your ability to not only enter Canada but other countries as well. For example, when applying for a temporary work permit a common question asked is “Have you been denied entry into any other country?” Hire a representative to support you through the process and successfully gain access to Canada and all that this country has to offer.
Disclaimer: The contents of this blog post were accurate at the time of publication. Changes in circumstances after the time of publication may impact the accuracy of the information provided above. This blog post is not updated on a regular basis.
Written by Rebecca B. Tripp.
Originally Posted on October 4, 2021
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