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  • Arisnel Mesidor, M.A., RCIC

Updates on instructions for refusal grounds for temporary residents


Updates on instructions for refusal grounds for temporary residents

The Canadian government updated its instructions for refusal grounds for temporary residents on July 13, 2022. The government updated paragraphs R179(b), R200(1)(b) and R216(1)(b) in the Global Case Management System (GCSM) to diminish client contact with the department as they did not understand their refusal letters.


According to the new update, as of now, the government requires an “Intro paragraph” for each of these paragraphs that must be selected in conjunction with the other specific reasons.


Applications may be refused on any grounds for inadmissibility according to the Act [subsections A34 to 42], that is grounds related to any of the following:


Health Grounds

  • Failure to meet health requirements under the Immigration and Refugee Protection Act (the Act) or regulations is a ground for inadmissibility.

  • An applicant must establish that they meet the health requirements by providing:

  • A medical examination report completed by a panel physician; and

  • Any additional medical information required by a visa office.

  • An applicant who is found to be inadmissible on health grounds may be refused a visa or entry into Canada.


Criminal and Security Grounds

  • An applicant may be inadmissible for serious criminality if they have been convicted of an offence in Canada or any other country punishable by a maximum prison term of at least 10 years, or if they have been convicted of an offence in Canada or any other country and sentenced to a term of imprisonment of at least six months.

  • An applicant may also be inadmissible for criminality if they have been convicted of an offence outside Canada that would be punishable by a maximum prison term of less than 10 years in Canada, or if they have been convicted of two or more offences in any other country and sentenced to a term of imprisonment of less than six months for each offence.

  • An applicant who is found to be inadmissible on criminal grounds may be refused a visa or entry into Canada.


Human or International Rights Violations

  • An applicant may be inadmissible for human rights violations if they have been convicted of a crime involving the violation of human rights, such as genocide, torture, or war crimes.

  • An applicant may also be inadmissible for human rights violations if they have been convicted of an offence in Canada or any other country that would be punishable by a maximum prison term of less than 10 years in Canada, or if they have been convicted of two or more offences in any other country and sentenced to a term of imprisonment of less than six months for each offence.

  • An applicant who is found to be inadmissible on human rights grounds may be refused a visa or entry into Canada.


Organized Crime

  • An applicant may be inadmissible for an organized crime if they are a member of an organization that is involved in activities such as money laundering, drug trafficking, human trafficking, or terrorism.

  • An applicant who is found to be inadmissible on organized crime grounds may be refused a visa or entry into Canada.


Non-compliance with Conditions of Previous Entry to Canada

  • An applicant may be inadmissible for non-compliance with conditions of previous entry to Canada if they have failed to comply with the conditions of their previous visa or entry into Canada.

  • An applicant who is found to be inadmissible on this ground may be refused a visa or entry into Canada.


Misrepresentation

  • An applicant may be inadmissible for misrepresentation if they have provided false or misleading information on their application for a visa or entry into Canada.

  • An applicant who is found to be inadmissible on this ground may be refused a visa or entry into Canada.


Financial Reasons

  • An applicant may be inadmissible for financial reasons if they are unable to support themselves and their dependents, or if they are likely to become a public charge.

  • An applicant who is found to be inadmissible on financial grounds may be refused a visa or entry into Canada.


Inadmissible Family Members

  • An applicant may be inadmissible if a family member is inadmissible for any of the reasons listed above.

  • An applicant who is found to be inadmissible on this ground may be refused a visa or entry into Canada.

According to IRCC, refused applicants may seek redress from the Federal Court of Canada and the Canadian Human Rights Commission. If applicants choose this recourse, officers will have to provide their notes.

Updates on instructions for refusal grounds for temporary residents

The Immigration, Refugee and Citizenship Canada (IRCC) released updated instructions for refusal grounds for temporary residents. The changes are in response to an increase in the number of people coming to Canada as temporary residents, such as students and workers. The new instructions will help ensure that individuals who do not meet the requirements for entry into Canada are refused entry in a consistent and fair manner.

The updated instructions include new guidance on:

  • The types of documentation that temporary residents must provide to establish their identity

  • The types of activities that may lead to a finding of inadmissibility for engaging in criminal activity

  • The types of family members who may be considered to be part of a family unit

  • The types of medical conditions that may lead to a finding of inadmissibility on health grounds and

  • The types of misrepresentation that may lead to a finding of inadmissibility

The IRB is committed to providing clear and concise guidance to those who may be affected by these changes. Therefore, they will continue to monitor the implementation of the new instructions and make necessary adjustments to ensure that they are achieving their intended purpose.


Contact us at Mesidor Canadian Immigration Services if you need help with your application to come to Canada as a temporary resident. Our team of experts can assess your situation and advise you on the best course of action. We can also help you appeal a refused application. Contact us today to learn more.



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