Inadmissibility and Remedies
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Inadmissibility and Remedies

Raj Sharma, Aris Daghighian
General Editor(s): Cathryn Sawicki, Chantal Desloges
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Inadmissibility and Remedies, the third volume in Emond's Immigration Law Series, provides practitioners with clear and concise guidance for representing clients facing allegations of inadmissibility, on the basis of criminality, medical reasons, misrepresentation, and other grounds. This handbook’s practical and up-to-date approach guides readers through the process, procedure, and strategic elements involved in overcoming findings of inadmissibility.

Written by authors with years of first-hand experience in this critical area, this all-in-one handbook covers topics such as grounds of inadmissibility, the enforcement and removal regime, admissibility hearings and detention reviews, federal court applications, procedural fairness letters, refugees and protected persons, as well as citizenship prohibitions and revocations. The text concludes with an in-depth review of immigration remedies, including rehabilitation, temporary residence permits, humanitarian and compassionate applications, ministerial relief, and ARC applications, producing the most comprehensive and up-to-date resource for those seeking to understand the complex area of inadmissibility.

View Emond’s complete Immigration Law Series here: emond.ca/immigration-law-series

This product is included in the ICL 870 & ICL 880 bundle customized for students enrolled in Queen's Immigration and Citizenship Law program and can be purchased here.

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  • ISBN/ISSN: 978-1-77462-019-9
  • Status: Available
  • Cover: Softcover

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  • ISBN/ISSN: 978-1-77462-021-2
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  • ISBN/ISSN: 978-1-77462-020-5
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  $163.80
ISBN
978-1-77462-019-9
Page Count
568
Publisher
Emond Publishing
Publication Date
November 2021
Status
Available
Subjects
Immigration and Refugee Law; Immigration Law Series
Tags
Practice Immigration

  • A chapter dedicated to remedies for overcoming inadmissibility claims.
  • Recent policy changes and relevant legislation from the Immigration and Refugee Protection Act (IRPA), the Citizenship Act, and the Immigration and Refugee Protection Regulations (IRPR).
  • Comprehensive content on the practice and procedure of representing clients before the IRB at hearings, detention reviews, and appeals.
  • A chapter for criminal practitioners discussing the collateral consequences of criminal inadmissibility.
  • Practical tips, tables, checklists, scenario examples, and sample documents and letters.
  • Includes discussion of key cases including:
    • Tran v Canada (Public Safety and Emergency Preparedness), 2017 SCC 50.
    • R. v. Wong, 2018 SCC 25 (CanLII), [2018] 1 SCR 696
    • Kanthasamy v. Canada (Citizenship and Immigration), 2015 SCC 61
    • El Rahy v. Canada (Citizenship and Immigration), 2018 FC 1058
    • Kambasaya v Canada (Citizenship and Immigration) , 2021 FC 664
    • Canada (Citizenship and Immigration) v. Mason , 2021 FCA 156 (CanLII)
    • Brown v. Canada (Citizenship and Immigration) , 2020 FCA 130 (CanLII)
  • Accessible language and format, perfect for students, criminal lawyers, immigration and refugee lawyers, and immigration consultants.

Table of Contents

Part 1. Introduction
I. Overview
II. The IRPA
III. Policy Documents: Operational Manuals, Guidelines, and More
IV. The Stakeholders
V. Layout
VI. Forms of Inadmissibility
VII. Process and Procedure
VIII. Remedies
IX. What Does the Future Hold?

Part 2. Inadmissibility Categories
I. Consequences of Criminality
II. Misrepresentation Explained
III. Non-Compliance – Section 41
IV. Accompanying Family Members – Section 42
V. Residency Obligations – Section 28
VI. Security, Human or International Rights Violations, and Organized Criminality
VII. Medical Inadmissibility
VIII. Finances/"Public Charge" – Section 39

Part 3. Process and Procedure
I. Removal Orders
II. Section 44 Reports
III. The Immigration Division: Admissibility Hearings and Detention Reviews
IV. The Immigration Appeal Division

Part 4. Collateral Consequences to Criminality: A Guide for Criminal Law Practitioners
I. Overview
II. The Legislation, the Regulations, the Applicable Terms
III. The Criminal Lawyer and Immigration Consequences
IV. Conclusion

Part 5. Remedies
I. The Way Back: Overcoming Criminal Inadmissibility by Way of Rehabilitation, Record Suspension, and Pardon
II. Temporary Resident Permits
III. Authorizations to Return to Canada
IV. The Humanitarian and Compassionate Application
V. Ministerial Relief

Appendix. Citizenship
I. Criminality
II. Foreign Criminality
III. Misrepresentation
IV. Investigations
V. Suspensions
VI. Revocations

Table of Cases
Index

Part 1. Introduction

 
 

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