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Today’s class: legislative structure of inadmissibility, next class: cases Assignment extension to April 2nd

Today’s class: legislative structure of inadmissibility, next class: cases Assignment extension to April 2nd. deportation as the ‘noble lie’: both ineffective and necessary for liberal democracies

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Today’s class: legislative structure of inadmissibility, next class: cases Assignment extension to April 2nd

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  1. Today’s class: legislative structure of inadmissibility, next class: cases • Assignment extension to April 2nd

  2. 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)

  3. Loss of Status and Inadmissibility • permanent residents • grounds of inadmissibility: used to deny entry and to remove statuses

  4. 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

  5. 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 + Minister’s referral > Imm Division of IRB (sometimes, direct removal order) • PRs can appeal under s. 63 to IAD of IRB • not possible IF very serious inadmissibilty

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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 laundering…all in the context of transnational crime • 2 exceptions: national interest and persons who were trafficked or smuggled

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

  12. 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)

  13. 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

  14. 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

  15. 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

  16. Section 41 – contravening IRPA - FNs and some PRs

  17. 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

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