Inadmissibility and Detention

Inadmissibility means you are not allowed to come to Canada or stay in Canada. If you arrive at the port of entry a Canadian border service agent will decide if you are admissible ( allowed to enter ) or not. If you are not , it is up to the officer's discretion and your specific circumstances whether to let you in. In some cases the only way they can let you in if you are inadmissible is by issuing a Temporary resident Permit ( TRP) which is a document that is issued in certain and rare circumstances.

In cases where you are found to be inadmissible you will be denied entry to Canada, denied a visa or ETA and removed from Canada.

Reasons you may be inadmissible :

• Security reasons

• Human or international rights violation

• Committing a crime, including driving while under the influence

• Organized criminality

• Medical reasons

• financial reasons

• Misrepresentation ; which includes providing false information or withholding information directly related to the the decisions made under IRPA. This is a very common ground

• Failure to comply with any provision IRPA

• Having an inadmissible family member

Detention

The federal government detains immigrants for administrative immigration .There is no need for them to have committed a crime. The grounds for initiating and maintaining detention for non-citizens are :

• Danger to the public : if you are deemed a danger to the public you will be detained without a warrant if you are a foreign national. An officer will have to issue a warrant to detain a permanent resident

• Flight risk : if the officer believes you will not show up for you immigration hearing , deportation, procedure or CBSA interview

• Ministerial inquiry: Under this ground , an officer is detaining the person in order to examine or investigate them.

• Identity : If your identity is not confirmed or your identity cards turn out to be fraudulent and your identity is not established . This ground does not apply to permanent residents.

Detained individuals are entitled to a detention review by the Immigration Division of the Immigration and Refugee Board. The first review occurs within 48 hours of detention, followed by subsequent reviews at regular intervals. Understanding these processes is crucial for anyone interacting with Canada's immigration system. If you have concerns about inadmissibility or detention, seeking professional legal advice can provide guidance tailored to your specific circumstances.

Being inadmissible or detained are very serious and consequences may be detrimental for some people. However, it is not the end of the road for you. Contact us as soon as possible as every moment counts when fighting inadmissibility or detention