Humanitarian and compassionate: Criminal inadmissibilities – A36(1) and A36(2)
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
Assess whether the known inadmissibility, for example, a criminal conviction, outweighs the H&C factors. Consider factors such as the applicant’s actions, including those that led to and followed the conviction such as:
- the type of criminal conviction
- the sentence imposed
- the length of time since the conviction
- whether the conviction is an isolated incident or part of a pattern of criminality
- any other pertinent information about the circumstances of the crime.
The Danger to the Public – Rehabilitation Division in Case Management Branch can help equate criminal convictions from outside of Canada.
If there do not appear to be grounds for a positive decision, refuse the application.
If there appear to be grounds for a positive decision and there are no other negative factors, make a Stage 1 decision or refer to a delegated decision maker.
If the applicant has outstanding criminal charges that fall under A36(1) or (2) – serious criminality or, criminality, depending on the circumstances of the case you can do one of the following:
- Assess the H&C application. If there do not appear to be grounds for a positive decision, refuse the application.
- If there appear to be grounds for a positive H&C decision and there are no other negative factors you must wait for the outcome of the criminal charges before making a decision.
When criminal charges against the applicant or any family member are discovered at Stage 2 but a final decision has not yet been made, delay the final decision or the scheduling of an appointment for confirmation of permanent residence until there is a result of the criminal charges.
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