Annual Report to Parliament
on Minister's Permits issued in 2001

 
Pursuant to subsection 37(7) of the Immigration Act.

Concerning permits issued from January 1 to December 31, 2001, to authorize persons to come into or to remain in Canada.

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Permits issued to persons seeking to come into Canada, by the inadmissible classes of which those persons were members:

B. Permits issued to persons in Canada, by the provisions pursuant to which reports had been or could have been made:

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APPENDIX 1
Inadmissible Classes

 
19(1) (a) persons who are suffering from any disease, disorder, disability or other health impairment as a result of the nature, severity or probable duration of which, in the opinion of a medical officer concurred in by at least one other medical officer,

1. they are or are likely to be a danger to public health or to public safety, or
   
   
2. their admission would cause or might reasonably be expected to cause excessive on health or social services

19(1) (b) persons who there are reasonable grounds to believe are or will be unable or unwilling to support themselves and those persons who are dependent on them for care and support, except persons who have satisfied an immigration officer that adequate arrangements, other than those that involve social assistance, have been made for their care and support;

19(1) (c) persons who have been convicted in Canada of an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more;

(c.1) persons who there are reasonable grounds to believe

1. have been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more, or
   
   
2. have committed outside Canada an act or omission that constitutes an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence that may be punishable under any Act of Parliament by a maximum term of imprisonment of ten years or more,

except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

(c.2) persons who there are reasonable grounds to believe are or were members of an organization that there are reasonable grounds to believe is or was engaged in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence under the Criminal Code, the Narcotic Control Act or Part III or IV of the Food and Drugs Act that may be punishable by way of indictment or in the commission outside Canada of an act or omission that, if committed in Canada, would constitute such an offence, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest;

19(1) (d) persons who there are reasonable grounds to believe will

1. commit one or more offences that may be punishable under any Act of Parliament by way of indictment, other than offences designated as contraventions under the Contraventions Act, or
   
   
2. engage in activity that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment;

19(1) (e) persons who there are reasonable grounds to believe

1. will engage in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada,
   
   
2. will, while in Canada, engage in or instigate the subversion by force of any government,
   
   
3. will engage in terrorism, or
   
   
4. are members of an organization that there are reasonable grounds to believe will
   
   
   1. engage in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada,
   2. engage in or instigate the subversion by force of any government, or
   3. engage in terrorism;

19(1) (f) persons who there are reasonable grounds to believe

1. have engaged in acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada,
   
   
2. have engaged in terrorism, or
   
   
3. are or were members of an organization that there are reasonable grounds to believe is or was engaged in
   
   
   1. acts of espionage or subversion against democratic government, institutions or processes, as they are understood in Canada, or
   2. terrorism,

except persons who have satisfied the Minister that their admission would not be detrimental to the national interest;

19(1) (g) persons who there are reasonable grounds to believe will engage in acts of violence that would or might endanger the lives or safety of persons in Canada or are members of or are likely to participate in the unlawful activities of an organization that is likely to engage in such acts of violence;

19(1) (h) persons who are not, in the opinion of an adjudicator, genuine immigrants or visitors;

19(1) (i) persons who, pursuant to section 55, are required to obtain the consent of the Minister to come into Canada but are seeking to come into Canada without having obtained such consent; or

19(1) (j) persons who there are reasonable grounds to believe have committed an act or omission outside Canada that constituted a war crime or a crime against humanity within the meaning of subsection 7(3.76) of the Criminal Code and that, if it had been committed in Canada, would have constituted an offence against the laws of Canada in force at the time of the act or omission.

19(1) (k) persons who constitute a danger to the security of Canada and are not members of a class described in paragraph (e), (f) or (g); or

19(1) (l) persons who are or were senior members of or senior officials in the service of a government that is or was, in the opinion of the Minister, engaged in terrorism, systematic or gross human rights violations or war crimes or crimes against humanity within the meaning of subsection 7(3.76) of the Criminal Code, except persons who have satisfied the Minister that their admission would not be detrimental to the national interest.

(1.1) For the purposes of paragraph (1)(l), "senior members of or senior officials in the service of a government" means persons who, by virtue of the position they hold or have held, are or were able to exert a significant influence on the exercise of government power and, without limiting its generality, includes

(a) heads of state or government;

(b) members of the cabinet or governing council;

(c) senior advisors to persons described in paragraph (a) or (b);

(d) senior members of the public service;

(e) senior members of the military and of the intelligence and internal security apparatus;

(f) ambassadors and senior diplomatic officials; and

(g) members of the judiciary.

19(2) (a) persons who have been convicted in Canada of an indictable offence, or of an offence for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction, that may be punishable under any Act of Parliament by a maximum term of imprisonment of less than ten years, other than an offence designated as a contravention under the Contraventions Act;

19(2) (a.1) persons who there are reasonable grounds to believe

1. have been convicted outside Canada of an offence that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years, or
   
   
2. have committed outside Canada an act or omission that constitutes an offence under the laws of the place where the act or omission occurred and that, if committed in Canada, would constitute an offence that may be punishable by way of indictment under any Act of Parliament by a maximum term of imprisonment of less than ten years,

except persons who have satisfied the Minister that they have rehabilitated themselves and that at least five years have elapsed since the expiration of any sentence imposed for the offence or since the commission of the act or omission, as the case may be;

19(2) (b) persons who

1. have been convicted in Canada under any Act of Parliament of two or more summary conviction offences not arising out of a single occurrence, other than offences designated as contraventions under the Contraventions Act, or
   
   
2. there are reasonable grounds to believe have been convicted outside Canada of two or more offences, not arising out of a single occurrence, that, if committed in Canada, would constitute summary conviction offences under any Act of Parliament, or
   
   
3. have been convicted in Canada under any Act of Parliament of a summary conviction offence, other than an offence designated as a contravention under the Contraventions Act, and there are reasonable grounds to believe have been convicted outside Canada of an offence that, if committed in Canada, would constitute a summary conviction offence under any Act of Parliament;

where any part of the sentences imposed for the offences was served or to be served at any time during the five year period immediately preceding the day on which they seek admission to Canada;

19(2) (c) other members of a family accompanying a member of that family who may not be granted admission or who is not otherwise authorized to come into Canada; or

19(2) (d) persons who cannot or do not fulfil or comply with any of the conditions or requirements of this Act or the regulations or any orders or directions lawfully made or given under this Act or the regulations.

27(2) (a) person who is a member of an inadmissible class, other than an inadmissible class described in paragraph 19(1)(h) or 19(2)(c);

27(2) (b) person who has engaged or continued in employment in Canada contrary to this Act or the regulations;

27(2) (c) repealed

27(2) (d) person who has been convicted of

1. an offence under the Criminal Code,
   
   
2. an indictable offence under any Act of Parliament other than the Criminal Code or this Act, or
   
   
3. an offence, other than an offence designated as a contravention under the Contraventions Act, for which the offender may be prosecuted by indictment or for which the offender is punishable on summary conviction under any Act of Parliament other than the Criminal Code or this Act;

27(2) (e) person who entered Canada as a visitor and remains in Canada after that person has ceased to be a visitor;

27(2) (f) person who came into Canada at any place other than a port of entry and failed to report forthwith to an immigration officer or eluded examination or inquiry under this Act or escaped from lawful custody or detention under this Act;

27(2) (g) person who came into Canada or remains in Canada with a false or improperly obtained passport, visa or other document pertaining to that person's admission or by reason of any fraudulent or improper means or misrepresentation of any material fact, whether exercised or made by himself or by any other person;

27(2) (h) person who came into Canada contrary to section 55;

27(2) (i) person who ceased to be a Canadian citizen pursuant to subsection 10(1) of the Citizenship Act in the circumstances described in subsection 10(2) of that Act;

27(2) (j) repealed

27(2) (k) person who was authorized pursuant to paragraph 14(2)(b), 23(1)(b) or 32(3)(b) to come into Canada and failed to be present for further examination within such time and at such place as was directed; or

27(2) (l) person who willfully fails to support any dependent member of that person's family in Canada.