I’m a permanent resident convicted of a serious crime. What will happen?
Question & AnswerI’m a permanent resident convicted of a serious crime. What will happen?
Go to your admissibility hearing
Canada Border Services Agency (CBSA) can ask the Immigration Division of the (IRB) to hold an . The IRB will give you a date for the hearing.
What happens at the hearing
At the hearing, a member of the Immigration Division decides if you're .
CBSA gives to show that you've been convicted of a and that this makes you inadmissible. They do this by bringing court documents that show you were convicted.
When the hearing is because you were convicted of a serious crime, the Immigration Division makes its decision based on that. It can't consider anything else.
So if CBSA proves that you were convicted and that it was a serious crime, the Immigration Division member makes a . They don't have the power to do anything else.
If you’re afraid to return to your country
If you're afraid to return to your country, you might be able to make a refugee claim. To do this, both of the following must be true:
- you never made a refugee claim in Canada
- you make your claim before there's a against you
There are other rules about who is eligible to make a refugee claim.
If you might want to make a refugee claim, get legal advice before your admissibility hearing.
If you've already had an admissibility hearing and been ordered , it's too late to make a refugee claim. But you'll have a chance to apply for a .
If you’re a permanent resident who’s a protected person
A who's convicted of a serious crime can be ordered deported only if Immigration, Refugees and Citizenship Canada (IRCC) decides that they're a danger to the public.
If IRCC sends you a letter that says they're considering making a decision about whether you're a danger to the public, get legal help right away.