criminal inadmissibility and rehabilitation?

[marsbars]

Hello all,
I know someone who is a refugee claimant but has an inaddmissibility report filed against him for criminality. He was convicted of couple charges in the US back in 2003 and 2004. As a result, he is inadmissible. My question is that can he apply for individual rehabilitation while there is claim of inadmissibility against him?

Thanks,

 

[scylla]

Sure - he can apply for rehabilitation.

 

[Buletruck]

Sure - he can apply for rehabilitation.

Really? I would think if you were found inadmissible as a refugee for criminality, your claim would ultimately be rejected as a refugee and you would need to find another way to immigrate.

No appeal for inadmissibility

• 
  64 (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, serious criminality or organized criminality.
  
  
• Marginal note:Serious 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).
  

 

[scylla]

Sorry - I should have been clearer. I was simply answering the "can he apply for rehabilitation" question. He can certainly do that. The refugee claim is a different matter.

 

[Buletruck]

No apology needed....still learning the intricacies of the whole system. Thought there might have been something I missed 9or generally didn't have a clue about).