Are you being detained pending a determination of your admissibility to Canada? And are you concerned about the damage to your reputation or your legal status in Canada that a conviction might cause?
According to the Government of Canada, admissibility can be affected by the following factors:
- security reasons, including
- subversion (attempts to overthrow a government, etc.)
- violence or terrorism, or
- membership in an organization involved in any of these
- human or international rights violations, including
- war crimes
- crimes against humanity
- being a senior official in a government engaged in gross human rights violations or subject to international sanctions
- committing a serious crime that would be punishable by a maximum prison term of at least 10 years in Canada
- organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
- health grounds – if their condition is likely to:
- endanger public health or public safety, or
- cause excessive demands on health or social services (however, some exceptions exist)
- financial reasons – if they are unable or unwilling to support themselves and their family members
- misrepresentation, which includes providing false information or withholding information directly related to decisions made under the Immigration and Refugee Protection Act (IRPA)
- failure to comply with any provision of IRPA or
- having an inadmissible family member.
If you are a permanent resident or a foreign national that has been detained, you have the right to an independent hearing to review why you are being detained. While you can always represent yourself, working with professional counsel at NLPC is always beneficial in this serious matter.
The counsel along with the individual in question will be given an opportunity to respond to the reasons given for the detainment made by the Canadian Border Services Agency (CBSA). There will be room to explain your opinion as well as ask questions. Counsel can help greatly during this trying time and ensure that your witnesses present all the delicate information that weighs into the final decision.
At NLPC we care about defending your rights, with consultations available in English, French, Punjabi, Urdu and Hindi.
Please note that we are not criminal defense lawyers and do not represent you with Criminal Code of Canada offences. Should you require any assistance in that area, we will be happy to get you in touch with a reputable defence lawyer in the community.