Admissibility (Canada)
Statutory definition
Sections 33–42 of the IRPA set out the grounds of inadmissibility. Key grounds include: security (s 34 — terrorism, espionage, organised crime); human rights violations (s 35 — war crimes, crimes against humanity); serious criminality (s 36(1) — conviction with 10+ year maximum sentence); criminality (s 36(2) — conviction punishable by 5+ year maximum); organised criminality (s 37); health grounds (s 38); financial reasons (s 39); misrepresentation (s 40); and non-compliance with the IRPA (s 41).
Explanation
Admissibility must be established at every entry to Canada and at every application for a visa or status. A person who is inadmissible cannot enter or remain in Canada unless they obtain a Temporary Resident Permit (TRP) or, for criminality grounds, Criminal Rehabilitation. The most commonly encountered inadmissibility ground is s 36 criminality — foreign convictions are assessed against their Canadian equivalent to determine whether they meet the applicable threshold. Deemed rehabilitation may apply for old single offences; otherwise, a Criminal Rehabilitation application is required.