Report & referral: An officer who believes that a permanent resident or foreign national in Canada is inadmissible may prepare a report for the Minister: IRPA s. 44(1). If the Minister believes the report is well-founded, the Minister may refer the report to the ID for an admissibility hearing: IRPA s. 44(2).
Grounds for inadmissibility
Security Espionage, subversion, terrorism, danger to the security of Canada, violence that would endanger Canadians and membership in an organization committing espionage, subversion or terrorism. IRPA, s. 34 | Human rights or international violations Acts considered War Crimes or Crimes Against Humanity, prescribed senior officials, etc. IRPA, s. 35 | Serious criminality and criminality Convictions in Canada, or convictions or criminal acts committed abroad which are equivalent to offences in Canada. IRPA, s. 36 |
Organized criminalty Membership in a criminal organization, or engaging in pattern of criminal activity, or transnational crime, such as people smuggling. IRPA, s. 37 | Health grounds Foreign national with a health condition who is a danger to public health, public safety, or might cause excessive demand on health or social services. IRPA, s. 38 | Financial reasons Foreign national unable or unwilling to support themselves. IRPA, s. 39 |
Misrepresentation Directly or indirectly misrepresenting or withholding a material fact that could induce an error in the administration of the IRPA. IRPA, s. 40 | Non-compliance with Act Failing to comply with the IRPA. Acts or omissions contravening the IRPA. IRPA, s. 41 | Inadmissible family member Foreign nationals inadmissible as a result of family member. IRPA, s. 42
|
Onus: The onus is on the Minister to prove inadmissibility/establish the allegation.
Facts: Factual findings are generally made on a balance of probabilities but factual findings under sections 34 to 37 of IRPA include facts for which there are reasonable grounds to believe have occurred, are occurring, or may occur: IRPA s. 33
Decision: For a finding of inadmissibility, the ID will issue the appropriate removal order (deportation order, exclusion order, etc.): IRPA s. 45, Regulations s. 229
No appeal: No appeal may be made to the Immigration Appeal Division by a foreign national or permanent resident found inadmissible under ss. 34, 35, or 37. Some persons found inadmissible under s. 36 also have no right of appeal: IRPA s. 64
General provisions:
- Hearings at the ID are generally conducted in public, absent specific exceptions (e.g. refugee claimant, PRRA applicant): IRPA s. 166
- Designated Representatives are appointed if the person concerned is a minor or unable to appreciate nature of proceedings: IRPA, s. 167(2)