In the case where a protected person is deemed inadmissible, the person remains within Canada, but his/her application for permanent residency is typically not approved. The options of staying in Canada for that person include applying for the Temporary Resident Permit once the previous TRP gets expired.
When is a refugee or protected person deemed inadmissible?
A protected person can be deemed inadmissible due to a number of reasons such as
- Criminal grounds –criminal offences committed in Canada or abroad
- Misrepresentation – any misrepresentation done in front of immigration or related government departments
- Medical reasons- having contagious diseases or serious health condition with the potential to burden the Canadian healthcare system
- Not complying with any laid down Canadian immigration and associated laws
- Financial grounds- the lack of resources to survive or live in Canada
- Security grounds
- Past criminal background is considered including convictions outside Canada
What are the legal implications of being found inadmissible while being a protected person or refugee?
There are many legal implications when a protected person is found inadmissible. They would need to take certain steps to maintain their legal status in Canada to be able to stay in Canada legally. They are not eligible to apply for criminal rehabilitation as the time needed for the application would not be fulfilled.
To be able to live in Canada, they can make an application for Temporary Resident Permit (TRP) which would allow them to to legally stay in Canada for a specified duration.
Being a protected person and deemed inadmissible is a unique and complex legal situation and its options need to be measured on a case to case basis.