Convention Refugees & protected persons may be Removed if the Minister issues a
Danger Opinion Lawyer
Canada’s International obligations as well as section 115 of the Immigration and Refugee Protection Act ensures that Canada upholds the principle of “non-refoulement”.
This means that states including Canada will usually not deport or remove a protected person or a refugee to a country where they would be at risk of persecution or at risk of torture or cruel and unusual treatment or punishment. There are however exceptions do this rule for individuals who are determined by the Minister to pose a danger.
In certain circumstances the Minister may seek to issue a danger opinion for individuals who have been determined to be a protected person but who have also been determined to be inadmissible to Canada due to serious criminality, on grounds of security, violating human or international rights or organized criminality.
Prior to a danger opinion being sought a finding of inadmissibility must have been rendered on one of the following grounds:
If a Danger Opinion is issued by the Minister this would allow the government of Canada to remove that person to the country for which he or she sought protection form despite facing a risk of persecution or harm.
How Does the Process work?
- An Officer notifies the person concerned of their intent to seek Danger Opinion along with the materials that form the basis of the opinion.
- The person concerned will have 15 days to respond (An extension can sometimes be sought).
- The Officer’s manager reviews the relevant documents including the submissions that is submitted by the person concerned and decides whether a recommendation should be made to the Minister’s Delegate.
- If referred the National Headquarters prepares a Ministerial Opinion Report and a Request for the Minister’s opinion, then sends it to the person concerned.
- The person concerned has the opportunity to respond within 15 days with more evidence.
- The Minister’s delegate renders an opinion.
When responding to a Danger Opinion It is important to make proper submissions and raise any of the following arguments that might be applicable to one’s case:
- Rehabilitation Factors
- Mitigating Factors
- Background Information and personal circumstances
- Best Interests of the child
- Risks in the Country being sent back to
The government policies and procedures in respect to ministerial danger opinions can be found in ENF 28 – Ministerial opinions on danger to the public, nature and severity of the acts committed and danger to the security of Canada.
The document provides information about the procedure as well as the factors that officer’s must consider to make a determination as to whether or not an individual poses a danger to Canadians.
A knowledgeable lawyer can assist individuals in arguing the reasons and factors as to why a danger opinion shouldn’t be sought against the person concerned.
If a danger opinion is issued by the Minister the person concerned can be removed from Canada despite having been found a protected person or convention refugee.
In light of the serious consequences associated with a danger opinion being issued it is of utmost importance for the person for whom a Danger Opinion is sought to submit any important document that can support their case.
If you have been issued a notice of intent to seek a Danger Opinion and you need assistance you may want to book a paid consultation to discuss your case with an immigration lawyer. If you have a Legal Aid Certificate we offer a free 30 minutes consultation.
Please note that this is general Information and should not be construed as legal advice.