Overview
In my client's immigration case, I successfully contended that a specific automobile incident that occurred outside Canada should not be considered grounds for criminal inadmissibility to Canada, nor should it be deemed "misrepresentation." Following a careful examination of my detailed argument, IRCC agreed with my position. As a result, the initial determination of my client's inadmissibility to Canada was rescinded, leading to the approval of his permanent residence application under the Canadian Experience Class (CEC).
Background
Key Issues & Solutions
Our Stategies
After conducting their own background check, IRCC revealed that my client had been stopped by police for a traffic violation in another country. This raised concerns about my client's admissibility, which was the root cause of the procedural fairness letter being issued.
My approach: Now, my task is to find a remedy for the damage it caused to his Canadian PR application.
To tackle cases like this. I first consult IPRA Division 4 of the Part 1 Inadmissibility. Under Article 36 of the IRPA, grounds for criminal inadmissibility are categorized as Serious criminality and Criminality. Since my client's act occured outside Canada, the crucial argument would be whether, if committed in Canada, it would constitute an indictable offence under an Act of Parliament.
After extensive research into criminal laws in both Canada and the foreign country, and reviewing hundreds of pages of court decisions in similar cases, I crafted a written submission that
- listed the reasons why my client is not criminally inadmissible.
- I also challenged the IRCC’s reasons for determining otherwise.
- I presented a detailed comparison chart demonstrating that, why the incident if it occurred in Canada, would not fit any definition under Canadian criminal code regarding DUI.
Furthermore, I argued that when balancing my client’s contributions in Canada and considering the provincial criteria in which he resides, he does not meet the definition of being criminally inadmissible to Canada.
