The stickiest and most complex areas of Canadian immigration and refugee law
Complex Inadmissibility and Detention Reviews
At some point along your immigration journey, you may find yourself having to respond to an allegation that you are inadmissible to Canada on grounds of security, human rights or international rights violations, serious criminality, criminality, or organized criminality.
We assist applicants in responding to allegations, which are usually communicated in a procedural fairness letter. We help you strategize around what evidence to submit in response, which requires a thorough approach to gathering and uncovering that evidence. We also advocate for you with sharp and well-researched legal arguments. A procedural fairness letter, particularly with the high stakes of inadmissibility, requires you to put your best foot forward with a strong response from the very beginning.
If your case is referred to the Immigration Division, we can navigate the tribunal procedure for you, make sure you are well-prepared for your hearing, and advocate for you at the hearing.
Inadmissibility on security grounds can include:
- Espionage against Canada or contrary to Canada’s interests
- Subversion by force of any government
- Subversion against a democratic government
- Terrorism
- Being a danger to the security of Canada
- Acts of violence that would or might the lives or safety of persons in Canada
- Being a member of an organization that engages, has engaged, or will engaged in espionage, subversion by force of a government, subversion of a democratic government, or terrorism.
Human or international rights violations can include:
- Genocide, crimes against humanity, or war crimes (including breach of responsibility by a military commander or a superior, and including conspiracy, attempt, etc.)
- Being a prescribed senior official in the service of a government that engages or has engaged in terrorism, systematic or gross human rights violations, or genocide, a war crime or a crime against humanity
- Trafficking in human organs
- In certain circumstances, being the subject of international sanctions, an order under the Special Economic Measures Act, or the Justice for Victims of Corrupt Foreign Officials Act.
Detention Reviews
If you find yourself detained in an immigration holding centre or in a provincial jail under the Immigration and Refugee Protection Act, you are entitled to regular reviews of your detention.
Detention can be based on reasons like posing a danger to the Canadian public or a security threat, being a flight risk, or being unable to confirm identity.
An immigration lawyer can advocate for your release before the Immigration Division, as well as challenging detention in court.
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