What is the applicable threshold for inadmissible entry to Canada under section 36(1) of the Immigration Code?

Canada (Federal), Canada

The following excerpt is from Ngo v. Canada (Minister of Citizenship and Immigration), 2005 FC 609 (CanLII):

More specifically, in the case of subsection 36(1), which provides that a foreign national is inadmissible to Canada on grounds of serious criminality, the applicable threshold is the seriousness of the crime according to the Canadian standard: Brannson v. Canada (Minister of Employment and Immigration), [1981] 2 F.C. 141. The decision-maker essentially has to appreciate the perceived gravity of the offence the person is alleged to have committed from a Canadian point of view.

Other Questions


Does Section 241(f) of the Immigration Code waive documentary grounds for inadmissibility of an immigrant who entered without an immigrant visa? (MultiRegion, United States of America)
Does Section 241(f) of the Immigration and Naturalization Service Act apply to aliens who gain entry as a result of fraud in obtaining immigrant visas or fraud upon being inspected as immigrants at the point of entry? (MultiRegion, United States of America)
What is the test for subsection 2(3) of the Criminal Code of Canada section 5(6) of Section 7(2) of section 6(3)? (Canada (Federal), Canada)
Is section 664 of the Criminal Code applicable to section 501 of the Code of Civil Procedure? (MultiRegion, United States of America)
Can an attorney who provides general immigration advice to an undocumented immigrant be charged with a criminal offence under Section IV of the Immigration Code? (MultiRegion, United States of America)
Does section 212(c) of the Immigration and Customs Act, section 1182(c), section 212 of the Civil Code, apply in the context of deportation proceedings? (MultiRegion, United States of America)
Does a categorical approach apply to determine whether a violation of section 2423(b) of the Civil Code falls under Section 3283 of the Criminal Code? (MultiRegion, United States of America)
How have the courts interpreted section 56(2) of the Income Tax Code in the context of Section 56(1) and Section 5(2)? (Canada (Federal), Canada)
Can a deportee's ground of deportation under Section 241 of the Immigration Code be excluded from relief under Section 212(c)? (MultiRegion, United States of America)
What is the legal test for an application to bring an application under section 4(3) of the Immigration Regulations, and what is the burden of proof? (Canada (Federal), Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.