Inadmissibility and Remedies

Inadmissibility and Remedies
Emond Publishing
Page Count:
Coming Soon
Publication Date:
October 2021
Immigration and Refugee Law; 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.

General Editors: Cathryn Sawicki and Chantal Desloges

Supported by the expertise of General Editors Cathryn Sawicki and Chantal Desloges, Emond’s new Immigration Law Series provides a practical approach to all areas of immigration law.

Inadmissibility and Remedies, the third volume in the series, provides practitioners with a clear and concise guidance for representing clients facing allegations of inadmissibility, on grounds of criminality, medical reasons, misrepresentation, or other grounds. Unlike other texts in the area, 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, stay motions, procedural fairness letters, refugees and protected persons, and citizenship prohibitions and revocations. This 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.

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  • 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

I. Introduction

II. Inadmissibility Categories
Part 1 – Criminality and Security
Part 2 – Medical, Misrepresentation, and More

III. Process and Procedure
Part 1 – Removal Orders
Part 2 – Section 44(1)(2) Reports and Minister’s Delegate Decisions
Part 3 – Determinations Outside Canada and at the POE
Part 4 – Immigration Division – Admissibility Hearings and Detention
Part 5 – Immigration Appeal Division

IV. Refugees and Protected Persons
Article 1F(b)
Article 1F(a)
Danger Opinions

V. Collateral Consequences to Criminality - A Guide for Criminal Practitioners

VI. Remedies (“Now what?”)
Part 1 – Rehabilitation
Part 2 – Temporary Resident Permits
Part 3 – Humanitarian and Compassionate Applications and Requests
Part 4 – Ministerial Relief (Deus ex Machina)
Part 5 – Authorizations to Return to Canada (ARC) Applications
Part 6 – Other Remedies

VII. Citizenship
Part 1 – Prohibitions
Part 2 – Revocation

VIII. Jurisprudence/Resources/Checklists

Coming soon.

Prices and Formats

Inadmissibility and Remedies

Format: Print
Cover: Softcover
Colour: Four Colour
Status: Coming Soon

Price: $129.00