Canada's federal court has ruled that visa officers do not need to consider an applicant's criminal rehabilitation unless it is specifically requested by the applicant.
In a case involving Ms. Bello, who had a criminal record from the UK, the court found that the visa officer's decision to deny her permanent residence was reasonable. Ms. Bello did not request a rehabilitation assessment; instead, she sought an exemption from her inadmissibility on humanitarian and compassionate grounds.
This ruling implies that if an applicant is criminally inadmissible to Canada based on serious criminality, the visa officer won't assess rehabilitation unless the applicant explicitly asks for it in their application.
To overcome criminal inadmissibility to Canada, there are three options:
1. Temporary Resident Permit (TRP): Allows temporary access to Canada, often for up to three years, when there's a valid reason for entry.
2. Criminal Rehabilitation: Permanently clears past criminal history for entry into Canada. Requires meeting certain criteria and waiting five years after completing the sentence.
3. Legal Opinion Letter: Prepared by a Canadian immigration lawyer to address the consequences of a conviction for immigration purposes, helping officials assess the case's impact on admissibility.
