What is the Faster Removal of Foreign Criminals Act?
In 2013, the former Conservative government passed a new immigration bill called Bill C-43, the Faster Removal of Foreign Criminals Act.
Bill C-43 was introduced as an act to amend the Immigration and Refugee Protection Act (IRPA). As the title suggests, these changes to the IRPA were introduced in order to facilitate the removal of foreign nationals who have committed crimes outside or inside of Canada.
Objectives of Bill C-43
The act was introduced for to achieve three main objectives:
- To limit the review mechanisms for certain foreign nationals and permanent residents who are inadmissible due to certain grounds, such as serious criminality.
- Further amendments to the act are made in order to deny temporary resident status to foreign nationals based on public policy considerations and provides for other foreign nationals to be able to enter Canada, who otherwise wouldn’t be able to, this includes family members.
- Lastly, mandatory impositions of minimum conditions are imposed upon foreign nationals and/or permanent residents who are a person at the subject of a report on inadmissibility on grounds of security that is referred to the immigration division or a removal order for inadmissibility on grounds of security or who, on grounds of security, are named in a certificate that is referred to the Federal Court.
Some of the actual changes made to IRPA
The changes made include harsher regulations for people who have criminality. For instance, a person who served a sentence of two years or less was still able to apply to the Immigration and Appeal Division (IAD). Bill C-43 has changed that to the sentence having to be six months or less. If the sentence is longer than six months, then the person can no longer appeal to the IAD.
Some of the other changes include:
- Those who have criminality outside of Canada, which carries a maximum sentence of 10 years or more are not eligible to access the IAD anymore;
- If a foreign national has inadmissibility issues due to: the most serious security issues, organized criminality and/or human or international rights violations, then they will no longer have access to H&C applications;
- Foreign nationals would be unable to visit Canada if the person has a family member who is not admissible due to serious security issues, organized criminality and/or human or international rights violations;
- A new authority was created to give the minister of citizenship, immigration and multiculturalism the power to deny temporary resident status for up to three years on the basis of public policy considerations, which include:
- Promoting terrorism, violence or criminal activity; and
- Foreign nationals from sanctioned countries or corrupt foreign officials;
- The changes would force an imposition of new mandatory minimum conditions, there before there was limited authority to do so, in order to impose these conditions on non-citizens in Canada who are reported or ordered removed from Canada on security grounds or who are subject to a security certificate.
If you are a foreign citizen or non-citizen of Canada in the process of getting status and you have been found to be inadmissible due to the new rules, talk to your lawyer or contact an immigration lawyer as soon as possible.
Faster Removal of Foreign Criminals Act
Faster Removal of Foreign Criminals Act: what has changed