An application for permanent residence made by a member of the family class can be refused if the member of the family class or a dependant is inadmissible to Canada on any of the following grounds related to matters of criminality.
Section 64(1) and (2) of the ๐๐ฎ๐ฎ๐ช๐จ๐ณ๐ข๐ต๐ช๐ฐ๐ฏ ๐ข๐ฏ๐ฅ ๐๐ฆ๐ง๐ถ๐จ๐ฆ๐ฆ ๐๐ณ๐ฐ๐ต๐ฆ๐ค๐ต๐ช๐ฐ๐ฏ ๐๐ค๐ต (๐๐๐๐) (๐.๐. 2001, ๐ค. 27) provides that no appeal may be made to Immigration Appeal Division (IAD), by either a foreign national or their sponsor, if the foreign national has been found to be inadmissible on the following grounds:
- serious criminality
- criminality
- organized criminality
- security
- human or international rights violations
The Federal Court in ๐๐ข๐ฏ๐จ ๐ท. ๐.๐.๐. 2005 ๐๐ 297 has held that the Immigration Appeal Division (IAD) has no jurisdiction to entertain appeals in such cases. The appeal must be dismissed for lack of jurisdiction if the visa officer has determined the foreign national to be inadmissible on one of the enumerated grounds. The IAD is not empowered to determine whether the foreign national is in fact inadmissible.
The common point of reference for the grounds of serious criminality and criminality, whether for a Canadian conviction or a foreign conviction or crime, is that the underlying offence is or is equivalent to an offence under an Act of Parliament, that is an offence found in a Canadian federal statute.
The most common basis for inadmissibility is the visa officerโs conclusion that the applicant for permanent residence or a dependant has been convicted of or has committed an offence outside Canada that, if committed in Canada, would constitute an offence in Canada. This ground of inadmissibility raises issues known as equivalency of foreign offences to Canadian ones.
Request an interview with an experienced immigration lawyer and communicate every necessary information before submitting an application.
The case law ๐๐ข๐ฏ๐จ ๐ท. ๐.๐.๐. can be assessed for free on CanLII https://canlii.ca/t/1jvcz
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