This year there were a number of news stories report on the deportation of Bachan Singh Soghi – an alleged member of the Babbar Khalsa International and accused of being a security risk to Canada:
Soghi had been accused of plotting to assassinate former Punjab Chief Minister Badal. He left India, arrived in Canada and claimed asylum or refugee status in 2001. He had also made an asylum claim in the UK that was not initially disclosed to Immigration Canada. His claim was rejected and his recent application to the Federal Court was also denied.
The deportation illustrates removal proceedings in Canada. Generally speaking, inadmissibility is one avenue to strip a foreign national or permanent resident from their status and remove them from Canada.
There are different inadmissibility grounds:
- Medical inadmissibility (generally arises before a visa is granted);
- Criminal Inadmissibility
- National Security
- Non compliance with IRPA
- Inadmissible Family Member
Serious criminality (criminal convictions for “indictable” offences or hybrid offences) and breaches of residency obligations are usually the main inadmissibility grounds against permanent residents.
An appeal to the IAD is generally available for permanent residents. The IAD is not available to permanent residents who are incarcerated for 2 years or more.
The Federal Court of Canada plays an important role in removal proceedings. Soghi (also “Sogi”) had a number of appearances before the Federal Court. The case is reported here:
Almost all individuals facing removal have the ‘benefit’ of a Pre-Removal Risk Assessment, which strives to ensure that the individual would not be at risk if they are deported. Canada Border Services Agency did confirm that a PRRA application was filed and considered in Soghi’s case. PRRA approval rates hover at the 2% acceptance rate.