Preface

• Author: Raj Sharma/Aris Daghighian
• Pages: 17-18

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Preface

There is no facet of immigration practice more complex and consequential than inad-

missibility. The purpose of this text is to assist counsel in navigating the law surround-

ing restrictions and prohibitions upon entry and the enforcement and removal regime.

The vast majority of those seeking status in Canada are truthful, are law abiding,

have no improper associations or criminal behaviours, are healthy, and will be finan-

cially self-sufficient. But there will always be some that are alleged to have committed

offences or lied or omitted relevant facts, alleged to have membership or associations

that are antithetical to Canadian values, or are simply undesirable on medical grounds

or finances. This text seeks to be a complete resource for those who represent that

latter, minority group.

An “ordinary” refusal on an immigration application may have little prejudice;

one based on an inadmissibility ground may have devastating and long-term conse-

quences. It is essential, therefore, given the consequences of a refusal based on a

ground of inadmissibility, that practitioners have a thorough understanding of this

area of immigration law.

This text seeks to provide the immigration practitioner a complete resource

regarding the stakeholders, legislation, regulation, policy, jurisprudence, principles,

and process surrounding inadmissibility. This includes but is not limited to:

• criminal inadmissibility;

• misrepresentation;

• medical inadmissibility;

• inadmissibility on grounds of security, human or international rights violations,

and organized criminality;

• conducting admissibility hearings, detention reviews, and appeals before the

Immigration Review Board;

• responding to procedural fairness letters and section 44 reports;

• judicial reviews and stay motions in Federal Court; and

• citizenship prohibitions and revocations.

A finding of inadmissibility is not necessarily the end of a dream or journey; the

text concludes with an overview of remedies for those who find themselves in immi-

gration jeopardy. This includes separate sections on applications for rehabilitation,

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