Foreign nationals or Canadian permanent residents may be subject to allegations of inadmissibility to Canada for various reasons, such as misrepresentation, criminality, or simply failing to meet the criteria of the Act.
Admissibility Hearings
The Immigration Division of the Immigration and Refugee Board may convoke a hearing to decide whether a foreign national or permanent resident is admissible to Canada.
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Rehabilitation
Foreign nationals who are criminally inadmissible to Canada can sometimes qualify for rehabilitation, which means that the criminal offence is no longer considered to be a basis for inadmissibility.
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Temporary Resident Permits
If a foreign national convicted of a criminal offence does not qualify for rehabilitation, they can still apply for a Temporary Resident Permit (TRP) if they have a compelling reason why they need to enter Canada for a short time.
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Humanitarian and Compassionate Applications
A further recourse for those who are inadmissible or otherwise do not qualify for a visa under the regular immigration categories, is to apply for an exemption to the criteria of the immigration laws on Humanitarian and Compassionate (H&C) grounds.
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Detention Review Hearings
In some case the immigration authorities will detain a foreign national and hold them in prison pending their potential removal from Canada, or pending some other immigration process. Immigration detention is considered to be an exceptional measure, and the Immigration Division of the Immigration and Refugee Board will regularly hold hearings known as detention reviews to decide if someone who is detained should be released from detention.
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