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Thread: Anyone travelling too Canada may find this info useful inadmissibilty Laws

  1. #1
    Guest
    The protection of the health, safety and good order of Canadian society is an important goal of the Immigration Act and Immigration Regulations. Section 19 of the Immigration Act specifically lists various classes of persons who are inadmissible. The categories of inadmissible classes can be divided into several distinct groups, each of which are discussed below:



    Criminal Inadmissibility

    The purpose of the criminally inadmissible class is to refuse admission to persons who convicted of offences in Canada or in another country. The seriousness of the offence, the length of time since its commission and whether or not the person has been "rehabilitated" are all factors which are considered before allowing the person to come into Canada. Sections 19(1)(c), 19(2)(a) and 19(2)(b) should be read carefully to determine admissibility. Generally speaking, no matter how serious the offence was, if five years has elapsed since the termination of the jail sentence, and the person is rehabilitated, admission to Canada is possible. The three groups of a criminal inadmissibility are as follows:



    Criminal convictions in Canada. This group affects people convicted in Canada of offences punished by

    a maximum of ten years or more imprisonment;

    less than ten years imprisonment;

    summary convictions.


    Applicants fall into this group if they have convictions for two or more offences that happened separately.



    Criminal convictions abroad. This group concerns persons who were convicted of an offence(s) outside Canada. The offences would have equivalents in Canada punishable by:

    a maximum of 10 years or more imprisonment;

    less than ten years imprisonment; or

    summary convictions.


    Acts or omissions committed abroad. This group applies to applicants who committed an act of omission outside Canada. The act or omission must be an offence where it occurred. It must also have a Canadian equivalent, punishable by:

    a maximum of 10 years or more imprisonment;

    or less than ten years imprisonment.


    Conviction. A conviction is a finding by a court or other authority, not set aside upon appeal, that a person is guilty of an offence. However, a finding of guilt is not always a conviction. In cases where an accused pleads guilty or is found guilty, the court can direct that they be discharged. When a court makes such a direction the offender shall be deemed not to have been convicted of the offence.



    An arrest record does not establish a conviction. If a court delivers a suspended sentence, a conviction exist. A person appealing a conviction, remains convicted until the conviction is overturned.



    Medical Inadmissibility

    Every applicant and his/her dependents, whether accompanying or not, must undergo and pass a medical examination by Designated Medical Practitioner of their choice. The physician records the individual's medical background and the results of the examination. This information is then forwarded to the relevant visa post to a medical officer. Medical forms are usually provided to the applicants after their application has been assessed and their interview has been either scheduled or waived. Medical results are valid for 12 months for the date of the medical report submitted. Sometimes, medical officers require additional documentation to determine the medical admissibility of an applicant and may request that the applicant undergo additional testing.



    According to Section 19(1)(a) of the Immigration Act, persons are inadmissible if they are suffering from a disease, disorder, disability or other health impairment and, in the opinion of a medical officer concurred in by at least one other medical officer:

    they are likely to be a danger to public health or to safety;

    they will or might cause excessive demands on Canadian health care and social services system.


    For a person to be inadmissible under this provision, he or she must be currently suffering from a disease, disorder, disability or other health impairment. The existence of a past medical condition does not result in inadmissibility.



    In most cases, in order to pose a danger to public health and safety the person must have a medical condition or disease which is or could be contagious. It this is not the case, there will usually be no danger to the public health or safety. However, even persons with contagious diseases are not necessarily inadmissible. The severity of the medical condition and the ease in which is transmitted to others must be considered.



    Section 22(d) of the Immigration Regulations also contemplates a situation where sudden incapacity or unpredictable behavior may pose a danger to public health or safety. This appears to contemplate certain psychiatric conditions where a person might lose control over his or her actions. However, the mere fact that a person might lose control of his or her actions under certain circumstances does not appear to be sufficient grounds for a finding of inadmissibility.



    When considering the question of whether expected demands on health or social services will be excessive, the factors set out in Section 22 of the Immigration Regulations are considered. These include:

    whether the supply of medical or social services that the person might require are limited;

    the impact of the person's admission on a Canadian resident's access to such services;

    whether hospitalization is or might be required;

    the availability of treatment; and

    the impact of the condition on employability.


    The cost of treatment is not mentioned in the Immigration Regulations but it is frequently considered in decisions of the Immigration Appeal Board. The mere fact that the applicant may require hospitalization or surgery for treatment is not determinative. The amount, length, and cost of treatment and prognosis are considered. It must be probable that the person's medical condition will place excessive demands on health and social services. Just a possibility that this will occur is insufficient.



    The medical officers opinion forms the basis of the visa officer's refusal on medical grounds. However, the ultimate decision in approving or refusing an application for permanent residency is the responsibility of the visa officer.



    Other Inadmissibility



    Public Charge Grounds. Section 19(1)(b) of the Immigration Act describes people who are, or will be, unable or unwilling to support themselves and persons depending on them for care.



    Persons Involved in Espionage, Terrorism and Unacceptable Political Activities. Section 19(1)(e), (f), (g), and (k) describe people who may not be admitted to Canada for security reasons. They are individuals who will or have engaged in acts of espionage, subversion, terrorism, or violence. They may also are or were members of organizations that engage, have engaged or will engage in any of these acts.



    Persons Involved with Terrorist Governments. Section 19(1) describes senior members or officials of governments designed by the Minister. Governments that engage in terrorism, systematic or gross human rights violations, war crimes or crimes against humanity. To date the Minister has designated:

    the Marxist Government of Afghanistan (1978 to 1992);

    the Bosnian Serb Government (march 27, 1992 to October 19, 1996);

    the Government of Siad Barre in Somalia (1969 to 1991);

    three Haitian Governments (January 1971 to February 1986, (October 1991 to August 1993), (December 16, 1993 to October 15, 1994); and

    the Government of Iraq (1968 to the present).


    Home | Who We Are | Immigration | Employment | Services | Assessment | Archive | Links | Navigation | Resources

    Client References | Company Profile | Business with Us | Contact Information | Index of Topics | Search

    1994 - 2003. Ambrose, Pinsky. All rights reserved.

  2. #2
    Guest
    The protection of the health, safety and good order of Canadian society is an important goal of the Immigration Act and Immigration Regulations. Section 19 of the Immigration Act specifically lists various classes of persons who are inadmissible. The categories of inadmissible classes can be divided into several distinct groups, each of which are discussed below:



    Criminal Inadmissibility

    The purpose of the criminally inadmissible class is to refuse admission to persons who convicted of offences in Canada or in another country. The seriousness of the offence, the length of time since its commission and whether or not the person has been "rehabilitated" are all factors which are considered before allowing the person to come into Canada. Sections 19(1)(c), 19(2)(a) and 19(2)(b) should be read carefully to determine admissibility. Generally speaking, no matter how serious the offence was, if five years has elapsed since the termination of the jail sentence, and the person is rehabilitated, admission to Canada is possible. The three groups of a criminal inadmissibility are as follows:



    Criminal convictions in Canada. This group affects people convicted in Canada of offences punished by

    a maximum of ten years or more imprisonment;

    less than ten years imprisonment;

    summary convictions.


    Applicants fall into this group if they have convictions for two or more offences that happened separately.



    Criminal convictions abroad. This group concerns persons who were convicted of an offence(s) outside Canada. The offences would have equivalents in Canada punishable by:

    a maximum of 10 years or more imprisonment;

    less than ten years imprisonment; or

    summary convictions.


    Acts or omissions committed abroad. This group applies to applicants who committed an act of omission outside Canada. The act or omission must be an offence where it occurred. It must also have a Canadian equivalent, punishable by:

    a maximum of 10 years or more imprisonment;

    or less than ten years imprisonment.


    Conviction. A conviction is a finding by a court or other authority, not set aside upon appeal, that a person is guilty of an offence. However, a finding of guilt is not always a conviction. In cases where an accused pleads guilty or is found guilty, the court can direct that they be discharged. When a court makes such a direction the offender shall be deemed not to have been convicted of the offence.



    An arrest record does not establish a conviction. If a court delivers a suspended sentence, a conviction exist. A person appealing a conviction, remains convicted until the conviction is overturned.



    Medical Inadmissibility

    Every applicant and his/her dependents, whether accompanying or not, must undergo and pass a medical examination by Designated Medical Practitioner of their choice. The physician records the individual's medical background and the results of the examination. This information is then forwarded to the relevant visa post to a medical officer. Medical forms are usually provided to the applicants after their application has been assessed and their interview has been either scheduled or waived. Medical results are valid for 12 months for the date of the medical report submitted. Sometimes, medical officers require additional documentation to determine the medical admissibility of an applicant and may request that the applicant undergo additional testing.



    According to Section 19(1)(a) of the Immigration Act, persons are inadmissible if they are suffering from a disease, disorder, disability or other health impairment and, in the opinion of a medical officer concurred in by at least one other medical officer:

    they are likely to be a danger to public health or to safety;

    they will or might cause excessive demands on Canadian health care and social services system.


    For a person to be inadmissible under this provision, he or she must be currently suffering from a disease, disorder, disability or other health impairment. The existence of a past medical condition does not result in inadmissibility.



    In most cases, in order to pose a danger to public health and safety the person must have a medical condition or disease which is or could be contagious. It this is not the case, there will usually be no danger to the public health or safety. However, even persons with contagious diseases are not necessarily inadmissible. The severity of the medical condition and the ease in which is transmitted to others must be considered.



    Section 22(d) of the Immigration Regulations also contemplates a situation where sudden incapacity or unpredictable behavior may pose a danger to public health or safety. This appears to contemplate certain psychiatric conditions where a person might lose control over his or her actions. However, the mere fact that a person might lose control of his or her actions under certain circumstances does not appear to be sufficient grounds for a finding of inadmissibility.



    When considering the question of whether expected demands on health or social services will be excessive, the factors set out in Section 22 of the Immigration Regulations are considered. These include:

    whether the supply of medical or social services that the person might require are limited;

    the impact of the person's admission on a Canadian resident's access to such services;

    whether hospitalization is or might be required;

    the availability of treatment; and

    the impact of the condition on employability.


    The cost of treatment is not mentioned in the Immigration Regulations but it is frequently considered in decisions of the Immigration Appeal Board. The mere fact that the applicant may require hospitalization or surgery for treatment is not determinative. The amount, length, and cost of treatment and prognosis are considered. It must be probable that the person's medical condition will place excessive demands on health and social services. Just a possibility that this will occur is insufficient.



    The medical officers opinion forms the basis of the visa officer's refusal on medical grounds. However, the ultimate decision in approving or refusing an application for permanent residency is the responsibility of the visa officer.



    Other Inadmissibility



    Public Charge Grounds. Section 19(1)(b) of the Immigration Act describes people who are, or will be, unable or unwilling to support themselves and persons depending on them for care.



    Persons Involved in Espionage, Terrorism and Unacceptable Political Activities. Section 19(1)(e), (f), (g), and (k) describe people who may not be admitted to Canada for security reasons. They are individuals who will or have engaged in acts of espionage, subversion, terrorism, or violence. They may also are or were members of organizations that engage, have engaged or will engage in any of these acts.



    Persons Involved with Terrorist Governments. Section 19(1) describes senior members or officials of governments designed by the Minister. Governments that engage in terrorism, systematic or gross human rights violations, war crimes or crimes against humanity. To date the Minister has designated:

    the Marxist Government of Afghanistan (1978 to 1992);

    the Bosnian Serb Government (march 27, 1992 to October 19, 1996);

    the Government of Siad Barre in Somalia (1969 to 1991);

    three Haitian Governments (January 1971 to February 1986, (October 1991 to August 1993), (December 16, 1993 to October 15, 1994); and

    the Government of Iraq (1968 to the present).


    Home | Who We Are | Immigration | Employment | Services | Assessment | Archive | Links | Navigation | Resources

    Client References | Company Profile | Business with Us | Contact Information | Index of Topics | Search

    1994 - 2003. Ambrose, Pinsky. All rights reserved.

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