Inadmissibility and Detention
Inadmissibility
Canada doesn’t allow certain people to enter. Under Canadian immigration law, they are inadmissible.
An immigration officer will determine if you are allowed to enter Canada when you:
- apply for a visa or an Electronic Travel Authorization (ETA) or
- when you arrive at a port of entry.
You could be found inadmissible for a number of reasons, such as:
- security reasons, including
- espionage
- subversion (attempts to overthrow a government, etc.)
- violence or terrorism
- 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 crime, including driving while under the influence of drugs or alcohol
- organized crime, including membership in an organization that takes part in organized criminal activity, people smuggling or money laundering
- medical reasons – this includes medical conditions that:
- endanger public health
- endanger public safety or
- causes excessive demand on health or social services (some applicants are exempt)
- financial reasons – if you’re unable or unwilling to support yourself and your 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.
Detention
Reasons for Detention
According to the Immigration and Refugee Protection Regulations, it is important to consider a number of aspects when detaining a person. These factors include:
- Are there any criminal convictions, such as those involving sexual offenses, violence, weapons or drug trafficking?
- has the person previously complied or not complied with any requirement under any act or regulations?
- does the person have ties to the community?
- Would the person be willing to provide identification to the Government of Canada?
- Is the person associated with organized crime or human smuggling or trafficking?
Is it the opinion of the Minister of Public Safety and Emergency Preparedness that the individual is a danger to the public or to the security of Canada?
Detention Reviews
A CBSA officer must review the reasons for detention within 48 hours. Officers may decide to release the individual with or without conditions depending on the circumstances.
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