Today’s class: legislative structure of inadmissibility, next class: cases
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Today’s class: legislative structure of inadmissibility, next class: cases Assignment extension to April 2nd. deportation as the ‘noble lie’: both ineffective and necessary for liberal democracies

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Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • Today’s class: legislative structure of inadmissibility, next class: cases

  • Assignment extension to April 2nd


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • deportation as the ‘noble lie’: both ineffective and necessary for liberal democracies

  • ‘removing’ is much more difficult than ‘keeping people out’: visas, carrier sanctions, direct backs, migration integrity officers

  • sovereignty and coercive state power

  • 54,873 removal orders in fiscal 03-04, 80,179/yr is 10y avg. confirmed removals: 10,977 (8,155)


Loss of status and inadmissibility

Loss of Status and Inadmissibility

  • permanent residents

  • grounds of inadmissibility: used to deny entry and to remove statuses


Inadmissibility and permanent residency s 21

Inadmissibility and Permanent Residency s. 21

  • will become a PR IF: 1.have applied; 2. hold visa; 3. is not inadmissible

  • if a refugee or protected person, must apply and not be inadmissible bc of security issues, HR violations, serious criminality, organized criminality or health danger


Permanent residents appeals

Permanent Residents Appeals

  • PRs lose status when (s.46):

    • become citizens

    • final determination regarding s.28

    • removal order against them coming into force

    • when a refugee or protection application by them is vacated

      report + Minister’s referral > Imm Division of IRB (sometimes, direct removal order)

  • PRs can appeal under s. 63 to IAD of IRB

  • not possible IF very serious inadmissibilty


Inadmissibility ss 33 43 and regs 14 24

Inadmissibility ss 33-43 and regs 14-24

  • acts and omissions + rble grounds to believe have occurred are occurring or may occur

  • s.34: security

    • both PRs and FNs

    • espionage or subversion agst democratic gvt

    • subversion by force of any govt

    • terrorism

    • danger to the security of Canada

    • violence that wd/might endanger lives/safety in Cda

    • member of an organization linked to a, b, c

    • IRB or Cdn crt finding conclusive re terrorism (reg14)

    • exception: not a detriment


S 35 human rts violators

s. 35 Human Rts violators

  • PRs and FNs

  • acts outside Canada that wd contravene Crimes Agst Humanity and War Crimes Act

  • prescribed senior official of govts engaged in terrorism, HRs violations, genocide, war crimes

  • a person (non PR) who is restricted bc of internationally agreed sanctions

  • b and c have a national interest exception


S 36 criminality serious and general

S. 36 Criminality: serious and general

36(1): serious: FNs and PRs

  • convictions in Canada: federal, max 10 yrs OR actual 6 months imprisonment (not Contraventions Act or YOA)

  • conviction elsewhere = max of 10 yrs here

  • acts elsewhere = offences of max 10 yrs here, balance of probabilities

  • prescribed rehabilitated class


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

s. 36(2) general

-FNs only

  • 1 indictable in Canada or any 2 from different events (hybrid rule)

  • parallel outside Canada convictions

  • acts which are an offence where committed and are an indictable offence in Canada, or acts which constitute an indictable in Canada under listed Acts


S 37 organized criminality

s. 37 Organized criminality

  • being a member of an organization believed on rble grounds to be… + can be inside or outside Canada

  • engaging in activities such as people smuggling, trafficking in persons, or money laundering…all in the context of transnational crime

  • 2 exceptions: national interest and persons who were trafficked or smuggled


Other inadmissibilities

Other inadmissibilities

  • s. 38 health

  • s. 39 financial reasons

  • s. 40 misrepresentation

  • s. 41 non-compliance with the Act

  • s. 42 inadmissible family member


Non criminal inadmissibility

Non-criminal inadmissibility

S. 38: Health Conditions

  • FNs only

  • 3 categories: danger to public health, danger to public safety, rbly expected to cause excessive demand on health or social services

  • exceptions: close family, refugees + protected persons (see reg 24 also)


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • regs define ‘excessive demand’ ‘health services’ and ‘social services’

  • excessive: greater than average costs per capita in next five years (unless evidc that costs likely to be greater later)

  • add to waiting lists in such a way that morbidity and mortality wd be increased


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • Section 39 – Financial reasons

    -are/will be unable or unwilling to support themselves or dependents AND have no other adequate arrangements

  • not applied to refugees

  • just FNs


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • Section 40 – Misrepresentation

  • PRs and FNs

  • direct or indirect misrep or witholding material facts relating to a relevant matter that induces or could induce an IRPA error

  • sponsored by such a person

  • can also relate to refugee claims and citizenship rulings

  • lasts for two years

  • wrt to sponsorship link: Min must be satisfied

  • exemption for refugees and claimants


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • Section 41 – contravening IRPA

    -FNs and some PRs


Today s class legislative structure of inadmissibility next class cases assignment extension to april 2nd

  • Section 42 – Inadmissible family members

  • if a family member is inadmissible

  • accompanying

  • some non-accompanying: PR applicants only AND close family only + grandchildren and some non-dependent children

  • reversible provision


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