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      [Immigration Law] Inadmissibility – Security Risk

      9 Jun, 2022

      Inadmissibility – Security Risk

       

      There are various grounds to cause inadmissibility. If you are found inadmissible, you will be denied a visa or eTA, refused entry to, or removed from Canada. Security risk is also, one of the reasons that can cause inadmissibility.

       

      Definition of Security Risk Inadmissibility

      You could be found inadmissible for security reasons, including

      • Espionage
      • Subversion of a government(attempts to overthrow a government, etc.)
      • The violence that could endanger the lives or safety of people in Canada
      • Terrorism
      • Membership in an organization involved in any of these 

      The admissibility in the context of security cases is significantly serious and needs to be handled extremely carefully with accurate analysis and planning. Because you might not have a right to appeal to the Immigration Appeal Division when you are determined as inadmissible on security grounds. Additionally, the individuals found inadmissible on security grounds will not be permitted to make a refugee claim in Canada except in very limited conditions.

      Follows are what Immigration and Refugee Protection Act(IRPA) states about security grounds which may result in inadmissibility;

      Security

      34 (1) A permanent resident or a foreign national is inadmissible on security grounds for

      (a) engaging in an act of espionage that is against Canada or that is contrary to Canada’s interests;

      (b) engaging in or instigating the subversion by force of any government;

      (b.1) engaging in an act of subversion against a democratic government, institution or process as they are understood in Canada;

      (c) engaging in terrorism;

      (d) being a danger to the security of Canada;

      (e) engaging in acts of violence that would or might endanger the lives or safety of persons in Canada; or

      (f) being a member of an organization that there are reasonable grounds to believe engages, has engaged or will engage in acts referred to in paragraph (a), (b), (b.1) or (c).

       

      Process of Determination

      A decision will be made by a Canadian immigration officer if you can enter or remain in Canada. If you are a permanent resident, the Canada Border Services Agency(CBSA) will request an admissibility hearing and will prepare a report on the grounds of your inadmissibility. In the hearing, you have a right to respond and present your own evidence.

      Whether a non-citizen involved in the above categories must conclude that there are reasonable grounds to believe that the acts under investigation have occurred, are occurring or might occur.

      In some instances, the individuals can be made to the Minister to request a determination that the finding of inadmissibility, and the person’s presence in Canada, is not against the national interest. However, such an application and determination will require significant evidence and supporting documents, and the process usually takes a quite long time.

       

      Overcoming the inadmissibility of Security Risk

      As we mentioned, fining of inadmissibility under section 34 has a very serious result as there is no right of appeal for permanent residents or foreign nationals under subsection 64(1) of the IRPA. In some instances, it may be possible for you to challenge it in the Federal Court of Canada.

      Contact us to learn how we can help overcome inadmissibility related to security risks.
      Information contained on this website is intended as general introductory information only. The information contained on this website is not legal advice. It should not be construed as legal advice and should not be relied upon as such. No solicitor-client relationship arises as a result of accessing or reading the information contained on this website.
      Posted in: Immigration Law

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