PART 3Inadmissibility (continued)
DIVISION 1Determination of Inadmissibility (continued)
Marginal note:Prescribed class
18.1 (1) The class of foreign nationals who are inadmissible solely on the basis of having been convicted in Canada of two or more offences that may only be prosecuted summarily, under any Act of Parliament, is a prescribed class for the application of paragraph 36(2)(a) of the Act.
(2) A member of the class prescribed in subsection (1) is exempt from the application of paragraph 36(2)(a) of the Act if it has been at least five years since the day after the completion of the imposed sentences.
- SOR/2004-167, s. 8
Marginal note:Transborder crime
19 For the purposes of paragraph 36(2)(d) of the Act, indictable offences under the following Acts of Parliament are prescribed:
- SOR/2018-170, s. 1
Marginal note:Assessment of inadmissibility on health grounds
20 An officer shall determine that a foreign national is inadmissible on health grounds if an assessment of their health condition has been made by an officer who is responsible for the application of sections 29 to 34 and the officer concluded that the foreign national’s health condition is likely to be a danger to public health or public safety or might reasonably be expected to cause excessive demand.
Marginal note:Financial reasons
21 Protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of section 39 of the Act.
22 Persons who have claimed refugee protection, if disposition of the claim is pending, and protected persons within the meaning of subsection 95(2) of the Act are exempted from the application of paragraph 40(1)(a) of the Act.
Marginal note:Application of paragraph 41(a) of the Act
22.1 For the purpose of determining whether a foreign national is inadmissible under paragraph 41(a) of the Act for having failed to comply with the condition set out in paragraph 43(1)(e) or 183(1)(d) of these Regulations, if the foreign national has been convicted for having contravened an order or regulation made under the Emergencies Act or the Quarantine Act, the facts on which the conviction is based shall be considered to be conclusively established.
Marginal note:Prescribed circumstances — family members
23 For the purposes of paragraph 42(1)(a) of the Act, the prescribed circumstances in which the foreign national is inadmissible on grounds of an inadmissible non-accompanying family member are that
(a) the foreign national is a temporary resident or has made an application for temporary resident status, an application for a permanent resident visa or an application to remain in Canada as a temporary or permanent resident; and
(b) the non-accompanying family member is
(i) the spouse of the foreign national, except where the relationship between the spouse and foreign national has broken down in law or in fact,
(ii) the common-law partner of the foreign national,
(iii) a dependent child of the foreign national and either the foreign national or an accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law, or
(iv) a dependent child of a dependent child of the foreign national and the foreign national, a dependent child of the foreign national or any other accompanying family member of the foreign national has custody of that child or is empowered to act on behalf of that child by virtue of a court order or written agreement or by operation of law.
- SOR/2014-269, ss. 1, 6
Marginal note:Prescribed family members
(2) The following family members of a foreign national referred to in paragraph 38(2)(a) of the Act are prescribed for the purpose of paragraph 38(2)(d) of the Act:
(3) Paragraph 38(1)(c) of the Act does not apply to a foreign national who is a member of the family class and is
- SOR/2005-61, s. 2
- SOR/2019-212, s. 3
DIVISION 2Application for Declaration of Relief Under Subsection 42.1(1) of the Act
24.1 (1) A foreign national may apply for a declaration of relief under subsection 42.1(1) of the Act if a decision has been made to refuse their application for permanent or temporary resident status, or a removal order has been issued against them, on the basis of a determination of inadmissibility under section 34, paragraph 35(1)(b) or (c) or subsection 37(1) of the Act.
Marginal note:Judicial review
(2) However, if the foreign national has filed an application for leave to commence an application for judicial review under subsection 72(1) of the Act with respect to a decision or removal order referred to in subsection (1), the foreign national may only make an application under subsection (1) after the earliest of the following:
(a) the Federal Court refuses the application for leave,
(b) if the application for leave is granted, the Federal Court refuses the application for judicial review and no question is certified for the Federal Court of Appeal,
(c) if a question is certified for the Federal Court of Appeal,
(d) if an application is filed with the Supreme Court of Canada for leave to appeal,
(e) the foreign national discontinues their application for leave to commence an application for judicial review, application for judicial review, appeal to the Federal Court of Appeal, application to the Supreme Court of Canada for leave to appeal or appeal to the Supreme Court of Canada, as the case may be.
- SOR/2017-38, s. 3
Marginal note:Required information
(a) their place of birth, gender and marital status and the names of any former spouses or common-law partners;
(b) their telephone number and email address, if any;
(c) their former countries of citizenship or former countries of nationality;
(d) their education, including the name and address of all elementary and secondary schools and post-secondary, technical and vocational institutions attended and the start and end dates for the periods during which they attended each school or institution;
(e) their work history, including volunteer work, from the age of 16 years, including start and end dates for each period of work, their job title and job description and the employer’s name and address;
(f) their international travel history from the age of 16 years, including a list of the countries visited, the purpose of the visits, the dates and duration of the visits and any immigration status sought from or granted by any country visited; and
(g) the provision of the Act under which they were determined to be inadmissible — section 34, paragraph 35(1)(b) or (c) or subsection 37(1) — as well as the date on which and the city and country in which the determination was made and whether the determination resulted in a decision or removal order referred to in subsection 24.1(1).
Marginal note:Non-application of paragraphs 10(2)(b) and (c)
(2) Paragraphs 10(2)(b) and (c) do not apply to an application under subsection 42.1(1) of the Act.
- SOR/2017-38, s. 3
- Date modified: