There is no right to appeal to the IAD if a person has been found inadmissible for serious criminality — specifically if sentenced to 6 months or more in Canada, or if convicted of an offence outside Canada with a maximum Canadian equivalent of 10 years. This is a major restriction that affects many permanent residents with criminal records.
(1)No appeal may be made to the Immigration Appeal Division by a foreign national or their sponsor or by a permanent resident if the foreign national or permanent resident has been found to be inadmissible on grounds of security, violating human or international rights, sanctions, serious criminality or organized criminality.
(2)For the purpose of subsection (1), serious criminality must be with respect to a crime that was punished in Canada by a term of imprisonment of at least six months or that is described in paragraph 36(1)(b) or (c).
(3)No appeal may be made under subsection 63(1) in respect of a decision that was based on a finding of inadmissibility on the ground of misrepresentation, unless the foreign national in question is the sponsor’s spouse, common-law partner or child.