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Reply #61: here's some wording for you [View All]

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iverglas Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Jul-30-09 11:10 AM
Response to Reply #57
61. here's some wording for you
Edited on Thu Jul-30-09 11:22 AM by iverglas

This is from Canada's Immigration and Refugee Protection Act, where the provision is roughly analogous:

Serious criminality

36. (1) A permanent resident or a foreign national is inadmissible on grounds of serious criminality for

(a) having been convicted in Canada of an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years, or of an offence under an Act of Parliament for which a term of imprisonment of more than six months has been imposed;

(b) having been convicted of an offence outside Canada that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years; or

(c) committing an act outside Canada that is an offence in the place where it was committed and that, if committed in Canada, would constitute an offence under an Act of Parliament punishable by a maximum term of imprisonment of at least 10 years.


The initial onus is on the authorities to assert that the foreign offence IS equivalent to a domestic offence. And yes, I like that wording better.


(edit - that's why the immigration officer of my acquaintance approved the application for permanent residence of someone with a conviction for desertion from the US military. "Not our concern." ... Although of course desertion is an offence in Canada ... hmm. I know the issue has arisen in other instances, since I've seen materials about Swiss military law being considered in cases I wasn't involved in; not sure what happened.)

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