SECURITY

You can be found inadmissible to Canada on grounds of security. There are several grounds in this category, including espionage, subversion of a government, terrorism, acts of violence that could endanger the lives or safety of people in Canada, and being a danger to the security of Canada. In addition, if a foreign national or permanent resident is a member of a group or an organization which there are reasonable grounds to believe has engaged, engages or will engage in the activities mentioned above, he/she can be found inadmissible to Canada, even if he/she did not commit the acts himself/herself.

There are multiple factual and evidentiary issues that arise in the context of security cases, and these require extremely careful analysis and planning. It is extremely serious when an allegation of inadmissibility on security grounds is made, as determinations can lead to serious consequences, including deportation and no right of appeal to the Immigration Appeal Division. In addition, those found inadmissible on security grounds will not be permitted to make a refugee claim in Canada, except in very limited circumstances.

A Canadian immigration officer will decide if you can enter or remain in Canada. If you are a permanent resident, CBSA will request an admissibility hearing and will prepare a report on the grounds of your inadmissibility. In the hearing, you have a right to respond and present your own evidence.
In some instances, an application can be made to the Minister to request a determination that the finding of inadmissibility, and the person’s presence in Canada, is not contrary to the national interest. Such an application and determination will require significant evidence and supporting documentation, and the process is usually quite lengthy.

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