Immigration and Refugee Protection Act (S.C. 2001, c. 27)

Act current to 2015-06-09 and last amended on 2015-05-28. Previous Versions

Marginal note:Cessation of refugee protection — foreign national
  •  (1) A foreign national is inadmissible on a final determination under subsection 108(2) that their refugee protection has ceased.

  • Marginal note:Cessation of refugee protection — permanent resident

    (2) A permanent resident is inadmissible on a final determination that their refugee protection has ceased for any of the reasons described in paragraphs 108(1)(a) to (d).

  • 2012, c. 17, s. 18.
Marginal note:Non-compliance with Act

 A person is inadmissible for failing to comply with this Act

  • (a) in the case of a foreign national, through an act or omission which contravenes, directly or indirectly, a provision of this Act; and

  • (b) in the case of a permanent resident, through failing to comply with subsection 27(2) or section 28.

Marginal note:Inadmissible family member
  •  (1) A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

    • (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or

    • (b) they are an accompanying family member of an inadmissible person.

  • Marginal note:Exception

    (2) In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,

    • (a) the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35 or 37; and

    • (b) the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35 or 37.

  • 2001, c. 27, s. 42;
  • 2013, c. 16, s. 17.
Marginal note:Exception — application to Minister
  •  (1) The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.

  • Marginal note:Exception — Minister’s own initiative

    (2) The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraphs 35(1)(b) and (c) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.

  • Marginal note:Considerations

    (3) In determining whether to make a declaration, the Minister may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada.

  • 2013, c. 16, s. 18.