Inadmissibility and Refugee Claims

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Inadmissibility and Refugee Claims

When seeking asylum or refugee status in Canada, individuals may face various inadmissibility issues that can significantly impact their claims. Overcoming these hurdles is crucial for applicants who wish to secure protection and resettle in Canada. Let us understand various reasons for which inadmissibility can arise in refugee cases and how one can overcome them.

Understanding Inadmissibility in Canada

The Immigration and Refugee Protection Act (IRPA) has laid down several reasons by which an individual may be inadmissible to Canada.  Asylum claim is denied for refugee claimants, being found inadmissible by the Immigration and Refugee Board (IRB).

The top 5 common grounds for Inadmissibility for Refugee Claimants in Canada are 

  1. Criminal Record : Having a past criminal record, including serious crimes like violence or drug trafficking (serious criminality) or lesser offenses (criminality) can lead to inadmissibility
  2. Security: If an individual is considered a danger to Canada’s security, such as involvement with an armed group engaged in violence, they can be denied a claim to settle in Canada.
  3. Human Rights Violations: Involvement in war crimes, crimes against humanity, or human rights abuses can render someone inadmissible on the grounds of Human Rights Violation.
  4. Health Grounds: If an individual could potentially impose excessive demands on health and social services, he may be barred on health grounds. 
  5. Misrepresentation: Providing false information or withholding key details in immigration proceedings can lead to inadmissibility. 

Now that you have understood common grounds for Inadmissibility in Canada, let’s look at how you can overcome them.

Overcoming Inadmissibility for Refugee Claims in Canada

  1. Pre-Claim Legal Advice: You can consult a Canadian immigration consultancy firm to identify potential inadmissibility concerns and prepare the refugee claim accordingly.
  2. Evidence Gathering: You can compile proof of rehabilitation, demonstrate you no longer pose risks, provide documentation of stable employment/family situation. This can help. In addition, seeking guidance from a qualified legal professional with experience in refugee claims can further strengthen your evidence-gathering process. to counter security or criminality concerns that may arise during the evaluation of your claim.
  3. Legal Representation: You can retain a Canadian immigration lawyer experienced in refugee law to handle IRB proceedings and any inadmissibility allegations.
  4. Humanitarian and Compassionate Considerations: Finally you can make a case that the risk faced by returning outweighs inadmissibility grounds, such as risk of persecution, torture, or inhumane treatment.
  5. IRB Appeals:  It is important to understand appeals options if inadmissibility ruling is made, such as appealing to the Refugee Appeal Division.
  6. Complying with Conditions: For health inadmissibility, you need to follow treatment plans. For inadmissibility on criminal grounds, you need to complete your sentences/rehabilitative programs.

Navigating inadmissibility issues is complex but critical for refugee claimants hoping to resettle in Canada. Thorough preparation, legal expertise, evidence of rehabilitation, and making compelling humanitarian arguments can improve chances of overcoming inadmissibility findings under Canadian refugee laws.

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