by Cristina Zohil-Morton
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by Cristina Zohil-Morton
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IRPA Inadmissibility in Canada: Who is Inadmissible and How to Overcome it?
What is IRPA Inadmissibility?
IRPA sets out who is not allowed to enter or remain in Canada. Inadmissibility can lead to application refusals, removal, or a loss of status. Depending on the ground, there may be solutions such as temporary resident permits, medical reassessments and mitigation plans, criminal rehabilitation, or appeals.
Grounds of Inadmissibility Under IRPA
The main categories appear in IRPA sections 34 to 42 and related regulations. Below are common grounds, plain-language summaries, and helpful resources.
Security (IRPA s. 34)
- Concerns related to espionage, subversion, terrorism, or membership in organisations involved in such activity.
- Reference: IRPA s.34
Human or International Rights Violations (IRPA s. 35)
- Involvement in war crimes, crimes against humanity, or senior roles in regimes that engage in violations.
- Reference: IRPA s.35
Serious Criminality and Criminality (IRPA s. 36)
- Convictions inside or outside Canada, including offences that would be indictable in Canada. Some offences can be resolved through individual rehabilitation or temporary resident permits (TRP).
- Reference: IRPA s.36
Organized Crime (IRPA s. 37)
- People believed to be part of a criminal organization or engaged in transnational crime such as money laundering or people smuggling.
- Reference: IRPA s.37
Health Grounds, Including Excessive Demand (IRPA s. 38)
- Medical conditions that pose a danger to public health or safety, or that may create excessive demand on health or social services. Many cases can be addressed through medical narratives, mitigation plans, and updated evidence.
- Reference: IRPA s. 38
Financial Reasons (IRPA s. 39)
- Insufficient funds to support yourself and your family. Proof of funds requirements vary by program.
- Reference: IRPA s.39
Misrepresentation (IRPA s. 40)
- Providing false documents or withholding material facts. Findings can result in refusals and a five-year bar on applications. There are limited relief mechanisms.
- Reference: IRPA S.40
Non-Compliance with the Act (IRPA s. 41)
- Breaches such as overstaying, working or studying without authorization, or failing to meet residency obligations.
- Reference: IRPA s.41
Inadmissible Family Member (IRPA s. 42)
- A family member's inadmissibility can render another family member inadmissible, even if they are otherwise eligible.
- Reference: IRPA s.42
Consequences of IRPA Inadmissibility
How to Overcome IRPA Inadmissibility
Options depend on the ground and your circumstances. Common remedies include:
- Temporary Resident Permit (TRP): Allows entry or stay when the need to travel outweighs the risk.
- Criminal rehabilitation: For certain offences after sufficient time has passed.
- Record suspension and deemed rehabilitation: May apply in specific criminality cases.
- Medical mitigation plans: Expert assessments, treatment plans, and service cost projections for IRPA s. 38 cases.
- Appeals and judicial review: Some permanent residents and sponsors may appeal to the Immigration Appeal Division. Others may seek judicial review at the Federal Court.
- Authorization to Return to Canada (ARC): Required after certain removal orders.
For tailored advice, speak with our team. Start here: book a consultation.
Who Should get Legal Help
- Travellers refused boarding or entry due to a past offence
- Applicants who received a procedural fairness letter
- Applicants with complex medical histories
- Permanent residents facing residency obligation issues or appeals
- Anyone uncertain if their situation creates inadmissibility under IRPA
Our team at Zohil-Morton Law advises on complex inadmissibility cases.
Speak with Zohil-Morton Law
If you have received a fairness letter or a refusal, act quickly. Early strategy often improves outcomes in IRPA inadmissibility matters. Contact us for a confidential consultation to discuss your facts, risks, and remedies. Receive advice that reflects your goals and risk profile.
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This article is for informational purposes only and does not constitute legal advice. Please consult a licensed immigration professional regarding your specific situation.
IRPA Inadmissibility FAQ
What does IRPA inadmissibility mean?
It means you are not permitted to enter or remain in Canada under the Immigration and Refugee Protection Act due to a specific ground such as criminality, medical issues, or misrepresentation.
Can I still travel to Canada if I am inadmissible?
Sometimes. You may qualify for a Temporary Resident Permit if the need to travel outweighs the risk. Criminal rehabilitation may also resolve certain offences permanently.
How long does a misrepresentation bar last?
Typically five years from the date of the finding. Some applicants may have limited recourse through appeals or judicial review depending on status and program.
What is deemed rehabilitation?
In some criminality cases, enough time passing without new offences can result in deemed rehabilitation. Whether it applies depends on offence type and sentencing.
Do medical inadmissibility findings always lead to refusal?
No. Many applicants can address concerns with updated medical evidence, expert opinions, and mitigation plans that demonstrate manageable impact on services.
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