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Difference between revisions of "Loss of Permanent Resident Status (18:VIII)"
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Loss of Permanent Resident Status (18:VIII) (view source)
Revision as of 02:20, 15 October 2022
, 02:20, 15 October 2022→B. Inadmissibility
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:'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded in cases of serious criminality or crimes against humanity. | :'''NOTE:''' Convention refugees are not inadmissible on the same health and criminality grounds as most other kinds of applicants, but they may be excluded in cases of serious criminality or crimes against humanity. | ||
:'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor ones, must ensure their criminal counsel are aware of this consequence from the beginning of the criminal process. A conditional sentence does not equal imprisonment for the purposes of this provision and sentencing must be considered at the time of conviction (see [https://www.canlii.org/en/ca/scc/doc/2017/2017scc50/2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1 Tran v Canada (Public Safety and Emergency Preparedness), 2017 SCC 50]). Users of this manual should check for developments in this area of the law as it is undergoing continued legal development. | :'''NOTE:''' '''A permanent resident sentenced to 6 months or more of incarceration''' (including time in custody awaiting trial) is inadmissible to Canada and '''does not have an appeal to the IAD''' of their removal. This means that permanent residents who are arrested and charged with crimes, even relatively minor ones, must ensure their criminal counsel are aware of this consequence from the beginning of the criminal process. A conditional sentence does not equal imprisonment for the purposes of this provision and sentencing must be considered at the time of conviction (see [https://www.canlii.org/en/ca/scc/doc/2017/2017scc50/2017scc50.html?autocompleteStr=Tran%20v%20Canada%20(Public%20Safety%20and%20Emergency%20Preparedness)%2C%202017%20SCC%2050&autocompletePos=1 Tran v Canada (Public Safety and Emergency Preparedness), 2017 SCC 50]). Users of this manual should check for developments in this area of the law as it is undergoing continued legal development. See also [[Immigration_Issues_at_Sentencing_(18:XIII)|XIII: Immigration Issues at Sentencing]]. | ||
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