Criminal Inadmissibility To Canada Spurs New Procedure – Serious Criminality
On June 20, 2013, Canadian Immigration Minister Jason Kenney announced the coming into effect of the Faster Removal of Foreign Criminals Act.
The law is intended to keep Canadians safer by putting an end to lengthy appeals and loopholes dangerous foreign criminals were using to delay their deportation from Canada. Such removal delays often resulted in criminals committing more offenses while they were in Canada. The reforms are meant to bring greater integrity to the Canadian immigration system by restricting those who should be criminally inadmissible to Canada and ensuring criminals in Canada are deported in an expedited manner.
The Faster Removal of Foreign Criminals Act changes the Canadian immigration system to the following three ends. First, the Canadian government can now more easily remove dangerous foreign criminals from Canada. Second, it is now more difficult for those who are criminally inadmissible to Canada to enter Canada. Third, the amendments remove certain unnecessary barriers for some people who wish to visit, work or immigrate to Canada.
The objective of faster removal is met by limiting access to appeals for those with serious criminality. This measure will result in a removal process 18 months faster than before. Criminally inadmissible foreign nationals who are deported more rapidly will have less of an opportunity to commit more crimes while in Canada. Removing individuals involved in serious criminality from the Canadian immigration appeal process also helps ensure the system is reserved for those who have not engaged in violent or sexual offences.
Other safety measures include the Ministerial authority to refuse temporary entry into Canada to those who may have an exceptional reason to enter Canada but still pose a risk to the safety and security of Canadians.
The Act also eases restrictions on those foreign nationals who were found inadmissible to Canada due to the non-criminal inadmissibility of a family member (i.e. medical inadmissibility).
The new legislation has generally enjoyed broad support amongst Canadians and has been welcomed by many law enforcement and Canadian immigration organizations. Some opponents have been critical and argue the new legislation lends too much power to Canadian immigration authorities, which could in turn lead to the violation of appeal rights of some Canadian permanent residents.
For a free consultation with a Canadian immigration lawyer, contact First Immigration Law Firm toll-free in North America @ 1 (855) 360-4333 or 1 (514) 360-4333 internationally.