e-4758 (Citizenship and immigration)

Under the Immigration and Refugee Protection Act (IRPA), a foreign national convicted of a crime outside Canada may be inadmissible to Canada. However, an immigration officer reviews all applications on a case-by-case basis prior to making a determination of whether the applicant is inadmissible. Officers examine foreign charges and convictions to determine if there is an equivalent offence in Canada for the act committed. If there is no equivalent offence, the individual would not be inadmissible for having committed or being convicted for that offence. For example, there is no equivalent offence in Canada in regards to the Russian Federation article 280.3 (“public actions aimed at discrediting the use of the armed forces of the Russian Federation”). A charge for having participated in those activities abroad would not make an individual inadmissible to Canada. In cases where there are similarities between a foreign law and a Canadian law, a person would only be found inadmissible if the underlying action is considered an offence in Canada. The current process does not place the burden on those facing political persecution to prove that foreign laws that they may have violated are not crimes in Canada. In fact, this case-by-case approach may be more beneficial for applicants versus an official list as it allows officers the flexibility to assess each candidate on their own merit.

All inadmissibility decisions are based on evidence, which may consist of police or intelligence reports, statutory declarations or other documents, such as media articles or publicly-available information. Officers consider all the specific facts and evidence presented by the applicant. Decision-makers are required to follow the rules of procedural fairness throughout the decision-making process.

In the event that an immigration officer has concerns over the criminal admissibility of an applicant, the individual is informed and given an opportunity to provide a response to concerns about their application.

Furthermore, if an officer determines that an applicant is inadmissible to come to Canada, applicants may be eligible, on a case-by-case basis, for relief mechanisms available under the IRPA. For example, a temporary resident permit may be issued, when justified in the circumstances, to allow an inadmissible foreign national to enter Canada.