Inadmissibility and Detention
If reasonable grounds exist, which link an individual or group to organized crime, the relevant individual or group may be rendered inadmissible to Canada. The Immigration and Refugee Protection Act explicates the relevant parameters associated with Organized Criminality in the immigration context.
Credible evidence connecting an individual or group to a pattern of organized criminal activity pursuant to the commission of a criminal offence punishable by an act of parliament is the crux of Organized Criminality under s. 37 (1) (a) of the IRPA.
The act of entering Canada with the assistance of organized criminal elements is not typically sufficient to render an individual inadmissible to Canada on the basis of organized criminality. This is a relevant exemption with respect to the application of inadmissibility in the context of organized criminality under s. 37 (2) of the IRPA.
Certain individuals who may be inadmissible with respect to Organized Criminality, may be eligible to apply for a Temporary Resident Permit (TRP). A Temporary Resident Permit can enable the temporary admission of an individual who would otherwise be inadmissible to Canada. The issuance of a Temporary Resident Permit is discretionary. The basis of the assessment of a Temporary Resident Permit application pertains to a ‘Needs’ vs ‘Risks’ assessment in the context of the inadmissible individual.
If you or a loved one is concerned that you may be inadmissible to Canada due to Organized Criminality, contact Chaudhary Immigration Law Professional Corporation for legal advice and to learn more about your options. For Legal Consultation contact Chaudhary Immigration Law Professional Corporation at: 416-447-6118.
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