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Admissibility Hearings / Inadmissibility Issues

Admissibility Hearing Inadmissibility IssuesUnder Immigration and Refugee Protection Act (IRPA), persons may be found inadmissible to Canada based on:

  • criminality;
  • organized criminality;
  • security;
  • human or international rights violations;
  • health;
  • financial reasons;
  • misrepresentation;
  • non-compliance;
  • inadmissible family members.

Criminality and organized criminality

It is important to note that there are different rules for the taking of an enforcement action against a permanent resident versus a temporary resident. For example, evidence of serious criminality is required before a permanent resident may be subject to possible removal from Canada, whereas foreign nationals are subject to enforcement action for lesser criminality. There are three groups of criminality: convictions in Canada, convictions outside Canada, and “Committing an act”. With respect to organized criminality, a person is inadmissible for being a member of an organization that is believed on reasonable grounds to be or to have been:

  • engaged in activity that is part of a pattern of criminal activity; and
  • as part of this pattern, the organization must be acting to help commit an indictable offence in Canada, or an “act” or “omission” outside Canada that would constitute an offence if committed in Canada that may be punishable under an Act or Parliament by way of indictment. Examples may include transnational crime activities, such as people smuggling, trafficking in persons or money laundering.


Paragraphs A34(1)(a), (b), (c), (d), (e), and (f) of the IRPA describe people who may not be admitted to Canada for reasons of national security; this includes espionage, subversion, terrorism or violence.

Human or international rights violations

Section A35(1) of the Act describes what actions and/or circumstances might make a permanent resident or a foreign national inadmissible on grounds of violating human or international rights, and includes:

  • persons who have committed outside Canada an offence referred to in sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
  • persons who were prescribed senior officials in the service of a government that engages or has engaged in terrorism, systematic or gross human rights violations, genocide, war crimes or crimes against humanity;
  • persons who, other than permanent residents, are nationals or representatives of a government or country against which Canada has imposed, or has agreed to impose, sanctions in concert with an international organization of states or association of states of which Canada is a member.

Medical inadmissibility

Section A38(1) of the IRPA bars entry into Canada to persons with three types of medical conditions:

  • people with a health condition that is likely to be a danger to public health [A38(1)(a)];
  • people with a health condition that is likely to be a danger to public safety [A38(1)(b)];
  • people with a health condition that might reasonably be expected to cause excessive demand on health or social services [A38(1)(c)].

Financial reasons

Section A39 describes people who are or will be unable or unwilling to support themselves or any person who is dependent on them for care and support. If there are no adequate arrangements for care and support (not involving social assistance), then these persons may fall within this inadmissibility provision.


The definition of misrepresentation includes misstating facts withholding information, i.e. persons can misrepresent themselves by being silent just as easily as persons who tell a lie. Under section A40(2), a permanent resident or a foreign national determined to be inadmissible for reasons of misrepresentation continues to be inadmissible for a two-year period following:

  • in the case of a determination made outside Canada, the date the officer renders a final decision, i.e., the date of the refusal letter; and
  • in the case of a determination made in Canada, the date the removal order is enforced.


Under the provisions of A41, a person is inadmissible for failing to comply with the Immigration Act and the Regulations. Generally, inadmissibility for non-compliance will end as soon as the person is no longer in a state of non-compliance or leaves Canada. However, an officer may write an A44(1) report covering a person who:

  • is still or otherwise remains in Canada; and
  • during the period of that person’s current authorized stay or presence in Canada, violates (or violated) a condition or requirement of the Act.

For example, in the case of a person who performed an unauthorized work activity but who now claims to no longer be in a state of non-compliance because the work activity has ceased, these persons will be reportable for non-compliance for the duration of their current stay in Canada because, during the period of their current stay in Canada, they violated a condition or other requirement of the Act; namely, they were not in possession of a work permit nor were they authorized to work.
Permanent residents will be determined to be inadmissible under the provisions of A41 only if:

  • they fail to comply with the residency obligation pursuant to section A28; or
  • they fail to comply with any conditions imposed under the Regulations.

Foreign nationals will be determined to be inadmissible under the provisions of A41 :

  • through an “act” or “omission” that contravenes, directly or indirectly, a provision of the Act.

Inadmissible family members

Under section A42 a foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if (a) their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or (b) they are an accompanying family member of an inadmissible person. This section does not apply to permanent residents, nor does it apply to persons considered to be protected persons within the meaning of A95(2).

It important to note that there are provisions in the IRPA that may, in certain circumstances, help inadmissible persons resolve their inadmissibility issues.

Our goal is to provide each client with a successful outcome by determining the most appropriate solution. If you would like to know whether you could be eligible to immigrate to Canada, we invite you to complete our online assessment questionnaire.

If you are interested in seeking professional assistance to guide you through the immigration process or if you have any questions, please contact us.


VISITOR RECORD (EXTENDING THE DEPENDENT'S STAY IN CANADA AS A VISITOR): I wanted to express my sincere gratitude to Ramesh Nookala. Thank you once again for all your advice, help and persistence in assisting me with the Visitor permit application for my daughter after CIC rejected at the first instance. Thank you for your excellent and professional service. Your communications were prompt and your correspondence detailed which surely made our process efficient. It was a pleasure dealing with you. Thank you very much!  

Manish Singhi
Burnaby, BC Canada

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PERMANENT RESIDENCE THROUGH CANADIAN EXPERIENCE CLASS: I thank Mr.Ramesh Nookala for understanding me and my case so calmly and quickly with sheer patience. He is a very intelligent and knowledgeable person. He handled my case so smartly that I never felt any blocker or issue in complete journey. I had met lots of visa agents but mostly they create illusions around visa process to show client how difficult it is but Mr.Ramesh Nookala is awesome. He make things very clear and smooth. The Best thing about Mr.Ramesh Nookala is that when you get in touch with him for your work, he starts working on it right away, he uses time wisely as he knows its important for his customers, we might be late in some procedures but he is "of the mark" right from day one, he is quick smart and intelligent person.

Vikram Bhima Raju
Irving, Texas, USA

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CANADIAN CITIZENSHIP: Mr. Ramesh Nookala is an exceptionally knowledgeable and professional Immigration Consultant and Realtor / Mortgage Consultant. From my interactions with Mr. Nookala on immigration matters, I have found that he is well versed with the guidelines and procedures of Citizenship and Immigration Canada (CIC). His approach in handling a particular situation is excellent and produces desirable outcome in a smooth way. His honesty, enthusiasm and perseverance about any case in hand is truly commendable. I highly recommend Mr. Nookala for his professional services.

Subrata Deb
Illinois, Chicago, USA

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VISITOR VISA: Hello Ramesh, I applied for my mother's visit Visa online on my own. However, due to some shortcomings in my application it got rejected without possibility of a follow up. I got disappointed as it is going to be my mother's first ever visit in 25 years to my home and I could not get the visa approved. Having left with no ideas, I contacted you. You took time to explain me with the requirements and procedures to obtain the visa. You also helped me with all required documents in right format and advised me on other necessary attachments to be submitted with my application. It proved so invaluable for me as the visa got approved right away, and that too for 10 years multiple entry. I strongly recommend any one your services and Advenure Immigration for all their immigration and visa needs.

Raju Nanduri
Richmond, BC, Canada

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VISITOR VISA: Hello Mr. Ramesh, We are extremely pleased with the grant of our visitor visas to Canada and thank you profusely for your help in undertaking and processing of our applications.  We still cannot believe that our applications have been approved so quickly which would not have been possible without your experienced and professional approach.  We were impressed with your work ethics, accessibility, and processes even when we first approached you and started discussing about our plans to apply for a visitor visa to Canada.  You made the paperwork a breeze, so easy for us, which was the reason we even took up what we thought was a huge challenge.  We must admit that we had a few setbacks but those were easily overcome by our responses guided by your brilliant, accurate, and comprehensive knowledge of immigration laws.   We did not have to remind you or email you even once about the progress of our applications.  Your understanding of our situation and personal commitment to update us of the status and constant feedback is totally commendable. We take this opportunity to once again thank you and share a true message to all those out there that with your undertaking for any immigration services to Canada,  they can be rest assured of the positive outcomes on their applications.  We would like to add that your website and online application process is well designed and user friendly and importantly your fees are very reasonable for the excellent services that you provided.  Without any hesitation, we are pleased to recommend your expert services to all our friends in the US who wish to visit Canada and who like us have very little time at their disposal in the middle of hectic research career.

Grand Forks, North Dakota, USA

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VISITOR VISA: Hi Ramesh, thank you so much for your help and guidance in successfully getting the Canadian Visitor Visas for my siblings and their families from India.  Our family get together after a long time was really great and memorable. And you made it possible!!  I will be more than happy to highly recommend your services for those who need help in the future. Keep up the great job!

Vancouver, BC, Canada

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VISITOR VISA: I have long dreamt of bringing my grandparents from India to Canada, and Mr. Nookala made it a reality. Working with Mr. Nookala has been a wonderful experience. He was clear, concise, and guided us in the right direction whilst patiently answering all our concerns. I would recommend Mr. Nookala to friends and family without any hesitation. Thank you!

Rahul Nand
Vancouver, BC, Canada

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