Security Inadmissibility Lawyers
Inadmissibility on security grounds is a serious matter in Canadian immigration law. When it happens, it can threaten your immigration status or ability to enter Canada in the future. Normally, security inadmissibility is determined if an immigration officer believes that you pose some sort of risk or threat to the Canadian public or government
At Border Solutions Law Group, our Vancouver immigration lawyers can help guide you through the conditions of security inadmissibility and the barriers it can pose. If you have questions about how security inadmissibility might apply to you or how to overcome it, schedule a consultation with our team today. You can contact our Vancouver immigration lawyers online, or call our office toll-free at 877-341-6761.
What is Security Inadmissibility?
Under Canada’s Immigration and Refugee Protection Act (IRPA), certain foreign nationals may be found inadmissible on security grounds if there is a reason to believe that they pose a threat in some way to the security of Canada. This type of inadmissibility normally focuses on more extreme risks, such as:
- Espionage
- Terrorism
- Subversive activities that undermine national interests
- And more
Security inadmissibility might also be found when an individual has connections to organized crime or is believed to have committed serious human or international rights violations.
Being labelled inadmissible on security grounds can have serious consequences. It may lead to:
- Removal orders
- Denial of future entry to the country
- Revocation of permanent resident status
- Revocation of citizenship, under certain circumstances
- And more
While some cases involve clear evidence, others might depend on intelligence that has been gathered by the government at their discretion. As a result, if you’re facing security risk allegations, you may benefit from consulting a Canadian immigration lawyer. With the help of a legal professional, you can challenge any findings you’re facing and explore remedies.
Types of Security Inadmissibility Violations
1. Security Concerns
A security concern violation might occur if you have suspected involvement in espionage, terrorism, or subversion in some way. For example, if the government believes you have engaged in spying, planning, or carrying out terrorist acts. In addition, if you have displayed consistent violent behaviour or have been associated with organizations that are recognized as dangerous, it can also lead to a finding of inadmissibility on security grounds. In these cases, you may be deemed a severe risk to public safety.
Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) normally relies on information they gather through intelligence agencies or security databases when it comes to making final decisions. This evidence is often confidential, which can make it challenging to review or refute without proper legal support.
2. Human and International Rights Violations
Canada holds a strong commitment to human rights in its Charter of Rights and Freedoms, in conjunction with the United Nations Declaration of Human Rights. As a result, any person who is accused to have:
- Participated in war crimes or crimes against humanity,
- Served in regimes known for widespread human rights abuses,
- Held positions of authority in organizations that violate international law,
- Or committed other offences,
may face security inadmissibility under the IRPA. Because these violations are so serious, they often require extremely detailed documentation and evidence from Canadian authorities in order to be validated. However, it is still the applicant’s responsibility to respond or rebut any allegations they are facing.
3. Organized Criminality
Individuals who are believed to have connections with organized crime, like gangs or cartels, can be barred from entering or remaining in Canada. Participation in organized crime might look like facilitating, aiding, or conspiring with criminal organizations. This applies even if the individual has never been convicted of an associated crime personally. Providing financial or logistical support to known criminal organizations can also result in an inadmissibility finding on security grounds.
In many cases, IRCC or CBSA will issue a procedural fairness letter that details all alleged concerns about criminal involvement or human rights abuses. This letter allows the individual a chance to respond to such concerns and present evidence to the contrary.
What Are the Consequences of a Security Inadmissibility Finding?
If you are found inadmissible on security grounds, it may lead to long-lasting repercussions for your status in Canada. Common consequences include:
- Refusal of Entry or Removal Orders: If you are outside Canada and applying to immigrate, you may be refused a visa or denied entry at the border. If you are inside Canada when you are found inadmissible, you may receive a removal order or a deportation order.
- Loss of Permanent Resident Status: Security inadmissibility findings can cause permanent residents to lose their PR, especially if the alleged violations occurred while they were applying or before they received PR status.
- Bans from Returning to Canada: Certain removal orders (like deportation orders) can result in a permanent ban from the country unless you are able to secure an Authorization to Return to Canada (ARC). Even if the ban is only set for a certain amount of time, it can complicate any future visa applications you wish to submit.
- Potential Revocation of Citizenship: In rare cases, if an individual obtained citizenship via misrepresentation related to a security violation they committed, the Canadian government may revoke their citizenship.
Overcoming Inadmissibility on Security Grounds
Challenging security inadmissibility can be difficult but is not always impossible. The complexity usually stems from the fact that the government intelligence used to make the decision is classified. In addition, cases of security inadmissibility often receive high levels of scrutiny from all agencies involved in the decision due to their serious nature.
Some pathways for addressing security inadmissibility include:
1. Procedural Fairness Response
If IRCC or the CBSA issues you a procedural fairness letter after you submit your application, it will outline the reasons why they believe you may be inadmissible. At this point, you will have an opportunity to submit evidence, clarifications, or counter-arguments that address the findings. An experienced immigration lawyer can help you point out factual errors or highlight mitigating factors in your situation.
2. Judicial Review
In cases where IRCC ultimately decides that you are inadmissible on security grounds, you can choose to pursue a judicial review at the Federal Court. This is normally the path individuals take when they believe the negative decision was legally or procedurally flawed, and prior appeals have been unsuccessful.
Judicial review involves presenting legal arguments that IRCC breached fairness or made an unreasonable decision during the determination process. Although it can be challenging, judicial review can lead to reconsideration if the court determines that errors did take place.
3. Temporary Resident Permit (TRP)
For certain, less severe security-related findings, you may be eligible for a Temporary Resident Permit (TRP). This is a discretionary permit that allows short-term entry or stay in Canada even after being found inadmissible. TRPs are only granted if you have a reason you can strongly justify (such as a work or family emergency) and the danger you present to Canada is viewed as minimal.
How Can Border Solutions Law Help With Security Inadmissibility?
Security inadmissibility cases can result in some of the most complex issues in Canadian immigration law. If you’re facing allegations of terrorist ties, human rights violations, or organized crime connections, it’s crucial that you consult a Canadian immigration lawyer as soon as possible.
Our Vancouver immigration lawyers at Border Solutions Law Group bring valuable experience to help you:
- Assess the Evidence: We will carefully review IRCC’s claims and help compile evidence or expert opinions that contradict their argument.
- Formulate Procedural Fairness Responses: If you receive a procedural fairness letter, we can help you craft a strategic response. We’ll structure a compelling argument in your favour, gather supporting affidavits, and make sure you submit well-presented evidence.
- Pursue Appeals or Judicial Reviews: If you’re facing a negative decision, we can appeal IRCC’s initial judgment or engage with the Federal Court to challenge your inadmissibility on legal or procedural grounds.
- Propose Alternative Remedies: In cases where the security risks associated with your case are deemed manageable, we’ll help you explore alternative options, like TRPs, to help you maintain or restore your status in Canada.
Contact Our Vancouver Immigration Lawyers Today if You’re Facing Inadmissibility on Security Grounds
If you or a loved one is facing accusations related to security grounds, human rights violations, or organized crime, Border Solutions Law Group can help you understand your rights. We’ll work with you to evaluate your options and guide you toward the most effective path forward.
Contact our Vancouver immigration lawyers today to schedule a confidential consultation and discuss your options. You can call our Vancouver office toll-free at 877-341-6761, or fill out our online contact form.