Immigration Inadmissibility Appeals in Canada

Canada is renowned for its welcoming immigration policies, attracting individuals and families from across the globe seeking new opportunities, safety, and a higher quality of life. However, not every applicant is granted entry or the right to remain in Canada. One major reason for refusal is inadmissibility—a legal determination that someone is not allowed to enter or stay in Canada due to specific grounds outlined in Canadian law. Fortunately, in many cases, there is an opportunity to appeal a finding of inadmissibility. This document provides an in-depth look at the types of inadmissibility, the appeal process, and strategies for presenting a strong case.

Understanding Inadmissibility

Canada’s immigration law, primarily governed by the Immigration and Refugee Protection Act (IRPA), outlines several grounds on which an individual may be found inadmissible. Inadmissibility means an individual is barred from entering or remaining in Canada.

Common Grounds of Inadmissibility

Criminality: Having been convicted of, or having committed, a crime inside or outside Canada. This includes both serious and minor offences, and can extend to charges that did not result in convictions.

Serious Criminality: Convictions for more severe crimes, typically with sentences of ten years or more under Canadian law.

Security: Involvement in espionage, terrorism, or subversive activities, or membership in organizations engaged in such acts.

Human or International Rights Violations: Participation in war crimes, crimes against humanity, or acts violating human rights.

Health Grounds: Medical conditions that may pose a danger to public health or safety, or that may place excessive demand on Canada’s health or social services.

Financial Reasons: Inability or unwillingness to support oneself or one’s family in Canada.

Misrepresentation: Providing false information or withholding relevant facts in an immigration application.

Non-compliance with the IRPA: Violating the terms or conditions of Canadian immigration law, such as overstaying a visa.

Inadmissible Family Member: If one family member is found inadmissible, it may render the entire family inadmissible.

Who Can Appeal an Inadmissibility Decision?

Not everyone is eligible to appeal an inadmissibility finding. Generally, the right to appeal is available to permanent residents, foreign nationals with a permanent resident visa, and sometimes sponsors. Temporary residents or those entering at the border may have more limited options.

Types of Appeals

Immigration Appeal Division (IAD) Appeals: The IAD of the Immigration and Refugee Board (IRB) handles appeals from permanent residents and sponsors whose applications are refused due to inadmissibility (except for security, serious criminality, or human/human rights violations).

Federal Court Judicial Review: If no right of appeal exists at the IAD (e.g., for serious criminality or security), the only recourse may be an application for judicial review by the Federal Court of Canada.

The Appeal Process

Step 1: Receiving the Refusal Letter

If you or your family member are found inadmissible, you will receive a written decision outlining the reasons and explaining your rights. This letter is critical, as it includes important details such as deadlines for appeal.

Step 2: Filing the Notice of Appeal

If eligible, you must file a Notice of Appeal with the IAD within 30 days of receiving the decision. Missing this deadline can result in losing the right to appeal.

Step 3: Disclosure and Preparation

Both you (the appellant) and the Minister’s counsel must exchange documents and evidence. This phase is known as “disclosure.” Collecting police certificates, court records, medical reports, and other relevant documents is vital.

Step 4: Alternative Dispute Resolution (ADR)

Some appeals may be resolved through ADR, a meeting between you, your counsel, and the Minister’s counsel to try to settle without a full hearing.

Step 5: The Hearing

If ADR is unsuccessful or unsuitable, a full hearing will be held before a member of the IAD. You can present evidence, call witnesses, and make legal arguments. The Minister’s counsel will argue the government’s position.

Step 6: The Decision

The IAD member will decide to allow or dismiss your appeal. If allowed, the original inadmissibility finding may be overturned, allowing you to remain in or enter Canada. If dismissed, you may seek judicial review in Federal Court.

Timelines

Notice of Appeal: Must be filed within 30 days of receiving the refusal.

Hearings: May take several months to a year or more, depending on the complexity and backlog.

Federal Court: Application for judicial review must generally be filed within 15 days (removal order cases) or 60 days (other cases) of the decision.

Key Considerations for a Successful Appeal

Legal Representation: Consider hiring a Canadian Immigration lawyer or Licensed Canadian Immigration Consultant (RCIC-IRB). The process is complex and having help can greatly improve your chances.

Evidence Gathering: Collect all relevant documents and information. This can include court records, police clearances, medical records, employment letters, and evidence of rehabilitation or hardship.

Demonstrate Rehabilitation or Humanitarian Factors: Show evidence of remorse, rehabilitation, or how your removal would negatively impact family members, especially children in Canada.

Accuracy and Honesty: Do not attempt to hide or misrepresent any facts. Misrepresentation can itself be grounds for inadmissibility.

Special Cases and Humanitarian Grounds

In cases involving criminality, the IAD can weigh humanitarian and compassionate considerations. This means that even if inadmissibility is established, the IAD may allow an appeal if, for example, the person has strong family ties in Canada, has shown remorse and rehabilitation, or if there would be undue hardship to Canadian citizens or permanent residents.

However, in cases involving security, human or international rights violations, or organized crime, no appeal is available to the IAD, and the only recourse is judicial review.

Judicial Review by the Federal Court

If you cannot appeal to the IAD, you can ask for judicial review at the Federal Court. This process is not a new hearing, but rather a review to ensure the original decision was fair, reasonable, and within the law. The Federal Court can set aside a decision and order a new hearing.

Removal Orders and Stays of Removal

If you are the subject of a removal order, you may be able to request a “stay of removal” (pause in the enforcement of the order) from the IAD pending the outcome of your appeal. The IAD evaluates whether a stay should be granted based on factors such as the likelihood of success, potential harm, and the public interest.

Common Challenges and Mistakes

·         Missing deadlines for filing appeal notices or submitting documentation

·         Insufficient or irrelevant evidence

·         Not addressing the specific grounds for inadmissibility in your appeal

·         Failing to demonstrate rehabilitation or compassionate considerations

·         Attempting the process without legal guidance when the case is complex

After the Appeal—Possible Outcomes

Appeal Allowed: The inadmissibility finding is overturned, allowing you to enter or remain in Canada.

Appeal Dismissed: The inadmissibility stands and you may be subject to removal.

Stay of Removal: The removal is paused, pending further review or additional evidence.

Voluntary Departure: Sometimes, individuals may choose to leave Canada voluntarily to avoid a removal order on their record.

Conclusion

While inadmissibility findings are serious, they do not always mark the end of the road for hopeful immigrants. Understanding the process, acting quickly, gathering strong evidence, and seeking professional guidance can make a crucial difference in the outcome of an appeal. Every case is unique, and the appeal process is a vital safeguard to ensure fairness, compassion, and the rule of law in Canada’s immigration system.

If you or a loved one is facing inadmissibility, consult an immigration professional as soon as possible to explore your rights and options. The journey may be challenging, but informed action and persistence can open doors to second chances in Canada.

Why Choose Ahmad Junaid Salik of Euro Consultants Canada Inc. for your Appeal?

• Licensed & Experienced Canadian Immigration Consultant helping clients since 2013 with their Appeals & complex immigration matters. 
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• We know the immigration law and application processes inside out—from deadlines and documentation to oral hearings and settlement conferences.
• Appeals are complex. Let us simplify the path to your future in Canada