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Immigration and Refugee Protection Act

s. 42 Inadmissible family member

  • PART 1: Immigration to Canada
  • DIVISION 4: Inadmissibility
  • Inadmissibility

Last verified: June 2026 · Source: justice.gc.ca

The law says

IRPA s. 42
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(1)A foreign national, other than a protected person, is inadmissible on grounds of an inadmissible family member if

  • (a)their accompanying family member or, in prescribed circumstances, their non-accompanying family member is inadmissible; or
  • (b)they are an accompanying family member of an inadmissible person.

Exception

(2)In the case of a foreign national referred to in subsection (1) who is a temporary resident or who has made an application for temporary resident status or an application to remain in Canada as a temporary resident,

  • (a)the matters referred to in paragraph (1)(a) constitute inadmissibility only if the family member is inadmissible under section 34, 35, 35.1 or 37; and
  • (b)the matters referred to in paragraph (1)(b) constitute inadmissibility only if the foreign national is an accompanying family member of a person who is inadmissible under section 34, 35, 35.1 or 37.

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Sections numbered under s. 42

Each of these is its own section of the Act, numbered after section 42.

IRPA s. 42.1

Exception — application to Minister

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What that means

Someone found inadmissible for security, for being a senior official of a brutal government, or for organized crime can ask the Minister for relief. The Minister can then declare that the ground does not apply. The Minister can also act unprompted. Only national security and public safety may be weighed. Hardship and family ties do not come into it.

The law says

(1)The Minister may, on application by a foreign national, declare that the matters referred to in section 34, paragraph 35(1)(b) and subsection 37(1) do not constitute inadmissibility in respect of the foreign national if they satisfy the Minister that it is not contrary to the national interest.

Exception — Minister’s own initiative

(2)The Minister may, on the Minister’s own initiative, declare that the matters referred to in section 34, paragraph 35(1)(b) and subsection 37(1) do not constitute inadmissibility in respect of a foreign national if the Minister is satisfied that it is not contrary to the national interest.

Considerations

(3)In determining whether to make a declaration, the Minister may only take into account national security and public safety considerations, but, in his or her analysis, is not limited to considering the danger that the foreign national presents to the public or the security of Canada.

Guides that explain this section

Move to Canada from China: 2026 PathwaysMoving to Canada from India: Complete Immigration Guide 2026Deported from Canada: Can You Come Back?

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Related sections

IRPA s. 41Non-compliance with ActIRPA s. 42.1Exception — application to Minister