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 - PowerPoint PPT Presentation

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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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  • 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

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

s. 36(2) general necessary for liberal democracies

- 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

  • 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 necessary for liberal democracies

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)

  • Section 39 – Financial reasons ‘social services’

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

  • not applied to refugees

  • just FNs

  • Section 40 – Misrepresentation ‘social services’

  • 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

  • Section 42 – Inadmissible family members ‘social services’

  • 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