Canadian immigration aims to facilitate entry into Canada for persons who meet the requirements set out in the Immigration and Refugee Protection Act (IRPA). Even if a person meets all eligibility requirements, they may still be refused if the Canadian Border Security Agency (CBSA) considers them to be inadmissible to Canada. This is best summed up by the principle enounced in Canada (Minister of Employment and Immigration) v Chiarelli that "non-citizens do not have an unqualified right to enter or remain in [Canada]." In this blog, we'll review reasons why someone may be considered inadmissible to Canada.
There are 10 general grounds of inadmissibility which can be found in sections 34 to 42 of the IRPA:
1. Security
2. Human Rights Violations
3. Criminality
4. Organized Criminality
5. Health
6. Financial Reasons
7. Misrepresentation
8. Cessation of Refugee Protection
9. Non-Compliance with the IRPA
10. Inadmissible family member.
Let's start today with reason number 1: Security
Denied Entry to Canada: Security Risk
If you were considered to be a security risk and denied entry to Canada, you may have been found to be guilty of one of the acts found in section 34 of the IPRA.
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 paragraphs (a), (b), (b.1) or (c).
Espionage
Espionage, according to Immigration, Refugee, and Citizenship Canada (IRCC)'s Operational Manual 18 means spying. That is, gathering information that would benefit your country and would be detrimental to Canadian interests. Espionage does not need to have any hostile intent. It can also be lawfully requested by a foreign government. As long as an Immigration Officer believes that the Applicant was a member of or worked in close collaboration with a government or organization that was hostile to Canadian interests, they can be accused of espionage and refused entry into Canada.
Subversion or Subversion By Force
"Subversion" does not have a clear definition in the Act or in case law. However, the most common definition is to change a government by force. As the definition of subversion relies on the ordinary definition as presented in the dictionary, countering an Immigration Officer's finding of subversion often requires expert opinion and testimony to the contrary.
Terrorism
Terrorism is defined in Suresh v Canada (Minister of Citizenship and Immigration) as "any act intended to cause death or serious bodily injury to a civilian, or to any other person not taking an active part in the hostilities in a situation of armed conflict, when the purpose of such act, by its nature or context, is to intimidate a population or compel a government or an international organization to do or to abstain from doing any act."
Terrorism is also defined in section 83.01 of the Criminal code. Meeting either the definition of Terrorism as defined by the Criminal Code or by the Supreme Court of Canada can result in a denial of your application to Canada, and is considered inadmissible. As with a finding of inadmissibility due to espionage, expert opinions will often be helpful in considering the arguments and concerns of the immigration officer.
Danger to the Security of Canada and Engaging in Acts of Violence
A catch-all section whose definition also includes Terrorism, Subversion and Espionage. Though non-specific, a determination that you pose a danger to the security of Canada and/or that you have Engaged in Acts of Violence, will require that you involve expert opinions to counter the decision of the immigration officer.
Member of an Organization Involved in Any of the Above
Being a "member of an organization" overlaps with all other security risks mentioned above (espionage, subversion, terrorism, and danger to the security of Canada). To be considered a "member" per the governing case law does not require that there is a significant level of integration in the specified organization. This means that the membership does not have to be of long duration or a member of a significant rank. Nor does the membership have to be current - a previous membership in an organization alleged to be a danger to the safety and security of Canadians can also cause someone to be denied entry to Canada.
The important factor to consider is whether joining the organization was due to duress or any form of coercion. This means that an applicant who is denied entry to Canada due to being a member of an organization that is considered a threat to the safety and security of Canada should present any evidence of the nature of their involvement which could have imposed restraints on their ability to leave it.
What Can I do if an Immigration Officer determines that I am Inadmissible for Security Reasons?
If your application to visit Canada is refused under section 34(1) of IRPA, it is important to first determine why the immigration officer came to this conclusion. Specifically, which of the 7 categories the immigration officer believes that you fall under. Once you have made this determination, the next step is the review the evidence the officer used in making this determination and find an expert who can assist in countering the arguments of the immigration officer. All seven categories will greatly benefit from expert opinions if you are to be successful. This is often a difficult, expensive and time-consuming process, but well worth it in the end if you plan to visit, study, or take up residence in Canada permanently.
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