Who it
applies to and its threshold.
For Serious
criminality (IRPA s. 36(1))
● It Applies to: Permanent residents and foreign
nationals
● There is a common trigger: 10+ year maximum or >6 months imprisonment imposed (Canadian conviction)
● The consequences are often more severe; which may
affect appeal rights for some individuals
Source: IRPA s.
36(1)
For Ordinary
criminality (IRPA s. 36(2))
● Foreign nationals only
● There is a common trigger which focuses on indictable equivalent offence, or two general convictions (separate incidents)
Source: IRPA s.
36(2)
Appeal note: IRPA sets limits with IAD appeals in certain
serious criminality situations under IRPA s. 64.
Source: IRPA s.
64
Call A&M
Canadian Immigration Law Corporation: (204) 442-2786
You should unsure whether your
offence falls under serious or ordinary criminality? A Canadian equivalency
review can help clarify which category applies to your case and next steps to
take.
Source: IRPA s.
36
