Todays class: legislative structure of inadmissibility, next class: cases

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• Todays class legislative structure of
  inadmissibility, next class cases
• Assignment extension to April 2nd

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• deportation as the noble lie both ineffective
  and necessary for liberal democracies
• removing is much more difficult than keeping
  people out visas, carrier sanctions, direct
  backs, migration integrity officers
• sovereignty and coercive state power
• 54,873 removal orders in fiscal 03-04, 80,179/yr
  is 10y avg. confirmed removals 10,977 (8,155)

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Loss of Status and Inadmissibility

• permanent residents
• grounds of inadmissibility used to deny entry
  and to remove statuses

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Inadmissibility and Permanent Residency s. 21

• will become a PR IF 1.have applied 2. hold
  visa 3. is not inadmissible
• if a refugee or protected person, must apply and
  not be inadmissible bc of security issues, HR
  violations, serious criminality, organized
  criminality or health danger

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Permanent Residents Appeals

• PRs lose status when (s.46)
• become citizens
• final determination regarding s.28
• removal order against them coming into force
• when a refugee or protection application by them
  is vacated
• report Ministers referral gt Imm Division of
  IRB (sometimes, direct removal order)
• PRs can appeal under s. 63 to IAD of IRB
• not possible IF very serious inadmissibilty

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Inadmissibility ss 33-43 and regs 14-24

• acts and omissions rble grounds to believe have
  occurred are occurring or may occur
• s.34 security
• both PRs and FNs
• espionage or subversion agst democratic gvt
• subversion by force of any govt
• terrorism
• danger to the security of Canada
• violence that wd/might endanger lives/safety in
  Cda
• member of an organization linked to a, b, c
• IRB or Cdn crt finding conclusive re terrorism
  (reg14)
• exception not a detriment

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s. 35 Human Rts violators

• PRs and FNs
• acts outside Canada that wd contravene Crimes
  Agst Humanity and War Crimes Act
• prescribed senior official of govts engaged in
  terrorism, HRs violations, genocide, war crimes
• a person (non PR) who is restricted bc of
  internationally agreed sanctions
• b and c have a national interest exception

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S. 36 Criminality serious and general

• 36(1) serious FNs and PRs
• convictions in Canada federal, max 10 yrs OR
  actual 6 months imprisonment (not Contraventions
  Act or YOA)
• conviction elsewhere max of 10 yrs here
• acts elsewhere offences of max 10 yrs here,
  balance of probabilities
• prescribed rehabilitated class

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• s. 36(2) general
• - FNs only
• 1 indictable in Canada or any 2 from different
  events (hybrid rule)
• parallel outside Canada convictions
• acts which are an offence where committed and are
  an indictable offence in Canada, or acts which
  constitute an indictable in Canada under listed
  Acts

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s. 37 Organized criminality

• being a member of an organization believed on
  rble grounds to be can be inside or outside
  Canada
• engaging in activities such as people smuggling,
  trafficking in persons, or money launderingall
  in the context of transnational crime
• 2 exceptions national interest and persons who
  were trafficked or smuggled

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Other inadmissibilities

• s. 38 health
• s. 39 financial reasons
• s. 40 misrepresentation
• s. 41 non-compliance with the Act
• s. 42 inadmissible family member

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Non-criminal inadmissibility

• S. 38 Health Conditions
• FNs only
• 3 categories danger to public health, danger to
  public safety, rbly expected to cause excessive
  demand on health or social services
• exceptions close family, refugees protected
  persons (see reg 24 also)

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• regs define excessive demand health services
  and social services
• excessive greater than average costs per capita
  in next five years (unless evidc that costs
  likely to be greater later)
• add to waiting lists in such a way that morbidity
  and mortality wd be increased

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• Section 39 Financial reasons
• - are/will be unable or unwilling to support
  themselves or dependents AND have no other
  adequate arrangements
• not applied to refugees
• just FNs

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• Section 40 Misrepresentation
• PRs and FNs
• direct or indirect misrep or witholding material
  facts relating to a relevant matter that induces
  or could induce an IRPA error
• sponsored by such a person
• can also relate to refugee claims and citizenship
  rulings
• lasts for two years
• wrt to sponsorship link Min must be satisfied
• exemption for refugees and claimants

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• Section 41 contravening IRPA
• - FNs and some PRs

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• Section 42 Inadmissible family members
• if a family member is inadmissible
• accompanying
• some non-accompanying PR applicants only AND
  close family only grandchildren and some
  non-dependent children
• reversible provision