Inadmissibility
Statutory definition
Sections 34–42 of the Immigration and Refugee Protection Act, SC 2001, c 27, set out the grounds of inadmissibility. The main categories are:
- s 34 — security (terrorism, espionage, subversion)
- s 35 — human or international rights violations
- s 36 — serious and non-serious criminality
- s 37 — organised criminality
- s 38 — health grounds
- s 39 — financial reasons
- s 40 — misrepresentation
- s 41 — non-compliance with the Act
- s 42 — inadmissible family members
Explanation
Inadmissibility is the core concept that determines whether a person is eligible to enter or remain in Canada. A foreign national who is inadmissible cannot be granted a visa, a temporary entry, or permanent residence. A permanent resident who is inadmissible may lose their status and be subject to a removal order.
Some grounds of inadmissibility can be overcome. Temporary residents may apply for a Temporary Resident Permit (TRP) under s 24 to enter despite inadmissibility if compelling reasons justify it. Permanent residents and some foreign nationals may apply for criminal rehabilitation under s 36(3) after a sufficient period has elapsed. Security inadmissibility under s 34 may be overcome only by a Ministerial discretion finding under s 34(2).
How this term is used
Inadmissibility is determined at ports of entry by border officers, overseas by visa officers, or within Canada through the report and admissibility hearing process under ss 44–45. A finding of inadmissibility leads to either a removal order (made by the Immigration Division) or an exclusion under officer discretion at the border.