Foreign Nationals & permanent Residents may be inadmissible to Canada on
Human or International Rights Violation Grounds
Inadmissibility on grounds of Human or International Rights violation
Foreign Nationals or Permanent Residents may be inadmissible to Canada if they:
- committed an act outside Canada that constitutes an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
- have been or are 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;
- are 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;
- are 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
- have been or are 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)
An Officer from IRCC/CBSA or a member of the IRB has to satisfied that based on reasonable grounds the permanent resident or Foreign National has committed the acts or facts mentioned above.
Foreign Nationals may be barred from making a refugee claims and not allowed to enter Canada if they are determined to be inadmissible to Canada based on Human or International Rights Violation Grounds. Permanent Residents can loose their status and be removed from Canada.
There is no Humanitarian and Compassionate Relief, in such circumstances, the only long term solution is to seek
Ministerial Relief.
If you or a loved one is facing admissibility issues you may want to book a paid consultation to discuss your case with us.
Please note that this is general Information and should not be construed as legal advice.