[Immigration Law] Inadmissibility - Organized Crime

[Immigration Law] Inadmissibility – Organized Crime

4 Aug, 2022

Inadmissibility – Organized Crime

If a person is involved in organized crime that may have occurred inside or outside Canada, the individual is deemed inadmissible to Canada, which means they will not be allowed to enter the country.

Definition of Inadmissibility for Organized Crime

There are two types of organized crime resulting people in being inadmissible to Canada.First, if permanent residents or foreign nationals are involved with a group which is considered to be engaged in a pattern of organized criminal activity, they will be deemed inadmissible to Canada for involvement in organized crime. This organized activity must be planned by a group of people who are working together.

The other types of engagement are drug smuggling, human trafficking, money laundering, and any other act which is transnational in nature.

The Immigration and Refugee Protection Act (“IRPA”) clarifies inadmissibility on grounds of organized criminality under section 37(1).

Organized criminality

37(1) A permanent resident or a foreign national is inadmissible on grounds of organized criminality for

(a) being a member of an organization that is believed on reasonable grounds to be or to have been engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of an offence punishable under an Act of Parliament by way of indictment, or in furtherance of the commission of an offence outside Canada that, if committed in Canada, would constitute such an offence, or engaging in activity that is part of such a pattern; or
(b) engaging, in the context of transnational crime, in activities such as people smuggling, trafficking in persons or laundering of money or other proceeds of crime.

Exceptions

Determinations of inadmissibility related to section 37 of the IRPA are under the purview of the Canada Border Services Agency (“CBSA”). The officer’s decisions about an organized crime must be made on reasonable grounds.
Hence, the officer will only consider a group to be involved in organized crime if they have a strong belief that there is a serious possibility that a group is engaged in organized criminality, with credible evidence.
There are also a few exceptions.

If it is deemed that their presence in Canada is not against the country’s national interest, individuals will not be found inadmissible. One of the ways to prove this is to obtain a Temporary Resident Permit (“TRP”) if you are eligible.
If a person entered Canada with the help of a person who is involved in organized crime, and if that is the only involvement, it would not be deemed inadmissible under organized criminality.

How can you overcome if you are facing Organized Criminal Inadmissibility?

Generally, there are several options to overcome the criminal inadmissibility of Canada. It will depend on the nature, or the place of conviction, the time that has passed from being convicted, the termination of parole, and more.

TRP: A TRP can enable temporary admission if needs outweigh to risks.
Rehabilitation (Deemed and Individual Rehabilitation): If your offences are outside Canada
Record Suspension (Pardon): If your offences are in Canada

Contact us if you need legal consultation or need any help to apply for a TRP.

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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