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      [Immigration Law] Inadmissibility – Committed Human or International rights violations

      20 Jul, 2022

      Inadmissibility – Committed Human or International rights violations

       

      Several reasons can cause inadmissible to Canada, and human or international rights violations are one of the reasons. The Canadian Border Service Agency(“CBSA”) may find you inadmissible if you have violated any human or international rights.

       

      About Inadmissibility that committed Human or International rights violations

      You will be held inadmissible to Canada if you are involved in crimes against humanity, war crimes, belong to an unknown group of persons, and organizations committing regular crimes.According to the Canadian constitution, you are inadmissible to Canada, even if you are a permanent citizen of Canada.

      For instance, you could be inadmissible if you are;

      • a senior official in terrorism or systematic violations of human rights
      • a citizen of a country against which Canada has agreed to impose sanctions as a measure of an international organization
      • committed an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act

      The followings are what Immigration and Refugee Protection Act(“IRPA”) states about this issue.

      Human or international rights violations

      35(1) A permanent resident or a foreign national is inadmissible on grounds of violating human or international rights for

      (a) committing an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
      (b) being a prescribed senior official in the service of a government that, in the opinion of the Minister, engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity within the meaning of subsections 6(3) to (5) of the Crimes Against Humanity and War Crimes Act;
      (c) being a person, other than a permanent resident, whose entry into or stay in Canada is restricted pursuant to a decision, resolution or measure of an international organization of states or association of states, of which Canada is a member, that imposes sanctions on a country against which Canada has imposed or has agreed to impose sanctions in concert with that organization or association;
      (d) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Special Economic Measures Act on the grounds that any of the circumstances described in paragraph 4(1.1)(c) or (d) of that Act has occurred; or
      (e) being a person, other than a permanent resident, who is currently the subject of an order or regulation made under section 4 of the Justice for Victims of Corrupt Foreign Officials Act(Sergei Magnitsky Law).

       

      Consequences of Inadmissibility on the grounds of Human or International rights violations

      If you are inadmissible to Canada related to human or international rights violations, that would be very serious because you will not be allowed to appeal that decision to the Immigration Appeal Division (“IAD”) under subsection 64(1) of the IRPA.However, these decisions may be challenged by the Federal Court of Canada in some cases.

      If that work not, then lastly, you can request the Minister of Public Safety to make a declaration of relief under IRPA to overcome this inadmissibility. If the Minister finds your request not against national interest, you might be provided Ministerial relief.

      Contact us to learn how we can help overcome inadmissibility involving human or international rights violations.

      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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