An Inadmissibility Appeal in Canada is a process that allows an individual to challenge a decision made by Immigration, Refugees, and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) that deems them inadmissible to Canada. Being declared inadmissible means that an individual is not allowed to enter or remain in Canada due to certain grounds, such as criminality, security concerns, health issues, or misrepresentation.

If you are found to be inadmissible and have had a decision made that negatively affects your ability to enter or stay in Canada, you may have the option to appeal that decision. The appeal is typically made to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).

Grounds for Inadmissibility

There are several reasons why someone might be deemed inadmissible to Canada, including but not limited to:

1. Criminality:
   • A person may be inadmissible if they have been convicted of a serious criminal offense (either inside or outside of Canada).
   • Criminal inadmissibility can include past convictions for crimes like assault, theft, drug trafficking, and even less serious offenses, depending on the severity.
2. Security:
   • Individuals who are considered a threat to Canadian security, including those involved in terrorism, espionage, or organized crime, may be declared inadmissible.
3. Human Rights Violations:
   • If an individual has been involved in violations of human rights, such as war crimes or crimes against humanity, they may be found inadmissible.
4. Health Grounds:
   • If a person has a medical condition that may pose a danger to public health or safety, they could be inadmissible on health grounds.
   • Individuals who may cause an excessive demand on Canada’s health or social services can also be found inadmissible.
5. Financial Grounds:
   • If a person is unable to support themselves or their dependents financially, they may be deemed inadmissible due to their inability to meet the financial requirements for permanent residency.
6. Misrepresentation:
   • Providing false or misleading information or documents (for example, on an immigration application or visa form) can lead to a finding of inadmissibility.
7. Failure to Meet Residency Obligations:
   • A permanent resident who fails to meet the required number of days in Canada within a specific timeframe (730 days in five years) may be deemed inadmissible.
8. Other Grounds:
   • Other grounds for inadmissibility can include being involved in certain types of organized crime, being associated with criminal gangs, or being a member of a terrorist organization.

Eligibility for an Inadmissibility Appeal

Inadmissibility appeals typically apply to individuals who are seeking to overturn an inadmissibility decision that has been made against them, preventing them from entering or remaining in Canada. This includes situations such as:

• Permanent residents facing removal orders due to criminal inadmissibility, health reasons, or other factors.
• Temporary residents or individuals applying for permanent residency who have been found inadmissible for reasons like criminal convictions or misrepresentation.

You may file an inadmissibility appeal to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB) if:

1. The decision to find you inadmissible involves a permanent resident facing a removal order (which can happen if someone has been convicted of a crime or is deemed a security threat, for example).
2. You are subject to a decision on permanent residency but have been deemed inadmissible due to grounds such as criminality or medical issues.
3. You have appealed an inadmissibility decision related to your temporary status (such as a temporary resident visa or work permit).

Steps in the Inadmissibility Appeal Process

1. Filing the Appeal:
   • If a person has been found inadmissible, they typically have the option to file an appeal with the Immigration Appeal Division (IAD).
   • The appeal process is initiated by filing a Notice of Appeal with the IAD. The sponsor or applicant has 30 days from the date of the inadmissibility decision to file the appeal.
2. Notice of Appeal:
   • The Notice of Appeal should outline the reasons why the individual believes they should not be found inadmissible.
   • The appeal notice must be submitted to the Immigration Appeal Division (IAD), and it should include supporting documents to demonstrate that the inadmissibility decision was incorrect.
3. Preparing the Case:
   • Gather all relevant documents to support the appeal, such as:
     • Evidence that challenges the grounds for inadmissibility (e.g., rehabilitation, time served for a criminal offense).
     • Medical documentation if the inadmissibility was due to health concerns or excessive demand on health services.
     • Proof of compliance with Canadian law if the inadmissibility is based on past criminality or security concerns.
     • Personal circumstances that may warrant a stay of removal or other relief (e.g., family hardship, ties to Canada, etc.).
4. Hearing at the IAD:
   • After the Notice of Appeal is filed, the IAD will schedule a hearing where the appellant (the person challenging the inadmissibility decision) or their representative (e.g., an immigration lawyer) will present their case.
   • The IAD will review the facts and evidence to determine whether the decision to find the individual inadmissible was correct or not.
5. The IAD Decision:
   • After the hearing, the Immigration Appeal Division (IAD) will issue a decision. There are several possible outcomes:
     • Allowing the Appeal: If the IAD finds that the inadmissibility decision was made in error or that there are compelling reasons to allow the person to remain in Canada (such as hardship or rehabilitation), they may allow the appeal and permit the individual to stay.
     • Dismissing the Appeal: If the IAD agrees with the finding of inadmissibility, they may dismiss the appeal. The individual would then be subject to removal from Canada.
     • Referral Back to IRCC or CBSA: In some cases, the IAD may refer the case back to the Immigration, Refugees, and Citizenship Canada (IRCC) or Canada Border Services Agency (CBSA) for further action or clarification.
6. Outcome of the Appeal:
   • If the appeal is successful: The person may be allowed to remain in Canada. For example, if the inadmissibility was due to a past criminal offense, the person may be granted relief, such as permission to stay or return if they are rehabilitated.
   • If the appeal is unsuccessful: The individual may face removal from Canada. However, there may be other options available, such as requesting a stay of removal or applying for humanitarian and compassionate grounds to stay in Canada.
7. Judicial Review:
   • If the IAD dismisses the appeal, the individual may be able to seek judicial review in the Federal Court of Canada. Judicial review does not re-hear the case but examines whether the IAD made an error in law or fairness during the process.

Important Considerations in an Inadmissibility Appeal

1. Timeliness:
   • It is critical to file the appeal within the 30-day deadline. Missing this deadline could result in the loss of your right to appeal the inadmissibility decision, though extensions may be granted under certain circumstances.
2. Legal Representation:
   • While it is not mandatory to hire a lawyer, it is highly advisable to have legal representation during an inadmissibility appeal. An experienced immigration lawyer can help present the case effectively, ensure all necessary documents are submitted, and navigate the complexities of the process.
3. Rehabilitation for Criminal Inadmissibility:
   • If the inadmissibility is based on a criminal conviction, applicants may be able to demonstrate rehabilitation by showing they have reformed their behavior, served their sentence, and are no longer a risk to Canadian society.
4. Humanitarian and Compassionate Grounds:
   • In some cases, individuals may appeal on humanitarian and compassionate grounds. For example, if an individual has strong family ties to Canada or is facing exceptional circumstances, they may be allowed to remain in the country despite their inadmissibility.
5. Appeal Outcomes:
   • Even if an appeal is dismissed, other options may still be available to remain in Canada, such as applying for temporary resident status, a work permit, or humanitarian and compassionate consideration.

Conclusion

An Inadmissibility Appeal allows individuals who have been deemed inadmissible to Canada to challenge that decision and present their case to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). The appeal process involves submitting a Notice of Appeal, presenting supporting evidence, and attending a hearing where a decision will be made regarding whether the inadmissibility decision will be upheld or overturned.

If your inadmissibility appeal is successful, you may be allowed to stay in Canada or enter the country, while an unsuccessful appeal may lead to removal from Canada. It’s important to file the appeal within the required timeframes and consider seeking legal assistance to improve your chances of a successful outcome.