Скачать или смотреть How does the difference between exclusion and inadmissibility impact immigration decisions & review?

Canada Immigration Lawyer Explains:

Simranjeet Singh Sidhu
Barrister and Solicitor
Law Society of Ontario
Canada
+91-737-000-000-6

The difference between exclusion and inadmissibility has a significant impact on immigration decisions and judicial reviews, as each concept involves different legal standards and consequences. Exclusion generally applies to individuals who are barred from receiving refugee protection due to involvement in serious crimes or other acts that violate international norms, even if they would otherwise qualify as refugees. Inadmissibility, on the other hand, relates to reasons someone is not allowed to enter or remain in a country—such as security concerns, criminal history, or misrepresentation—under domestic immigration law. While both can prevent a person from staying in the country, exclusion typically arises in the context of refugee claims and involves international legal principles, whereas inadmissibility is broader and tied to national immigration statutes. Courts reviewing these decisions must consider which legal test applies, the evidence used to support it, and whether the decision-maker respected procedural fairness.
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