Canada: Information on the circumstances in which the spouse of a Canadian citizen could be refused landed immigrant status
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 February 1994 |
| Citation / Document Symbol | CAN16349.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Canada: Information on the circumstances in which the spouse of a Canadian citizen could be refused landed immigrant status, 1 February 1994, CAN16349.E, available at: https://www.refworld.org/docid/3ae6accc38.html [accessed 21 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to a programme specialist at Control Port of Entry, Citizenship and Immigration, Ottawa, the spouse of a Canadian citizen could be refused landed immigrant status based on medical, criminal or security criteria, or if the marriage was found to be a marriage of convenience (2 Feb. 1994).
According to the source, under section 19 1(a) of the Immigration Act, all individuals seeking landed immigrant status must undergo a medical examination and are then classified as being either medically admissible or medically inadmissible (ibid.). However, the source added that if a medically inadmissible individual's health improves or the individual is granted a minister's permit on humanitarian or compassionate grounds, landed immigrant status may be granted (ibid.).
According to the source, individuals can also be denied landed immigrant status based on past criminal histories (ibid.). The source stated that under sections 19 1(c) and 19 2(a) of the Act, individuals with criminal records can be denied status for the duration of a two to five year rehabilitation process (ibid.).
The source added that sections 19 1(e), 19 1(f), 19 1(g), 19 1(k) and 19 1(l) of the Act stipulate that war criminals, members of terrorist organizations and those guilty of crimes against humanity, for example, may also be denied landed immigrant status (ibid).
According to the source, landed immigrant status may also be refused in cases where it was discovered that the marriage was entered into to facilitate an individual's entry into Canada (ibid.). The source added that the right to appeal applies in such cases (ibid.).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Programme specialist, Control Port of Entry, Citizenship and Immigration, Ottawa. 2 February 1994. Telephone interview.
