Refused in canada h and c application on section 37 A what can i do now ? Any chances for me to stay or come back again?

[Zayn1994]

On November 28, 2023, a representative of the Minister of Immigration, Refugees and Citizenship Canada
(IRCC) reviewed your application. An officer determined that you are inadmissible under section
37(1)(a) of the Immigration and Refugee Protection Act (IRPA)
Section 37(1)(a) of IRPA stipulates that :
37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized
criminality for
(a) being a member of an organization that is believed on reasonable grounds to
be or to have been engaged in activity that is part of a pattern of criminal activity
planned and organized by a number of persons acting in concert in furtherance
of the commission of an offence punishable under an Act of Parliament by way of
indictment, or in furtherance of the commission of an offence outside Canada
that, if committed in Canada, would constitute such an offence, or engaging in
activity that is part of such a pattern;
Therefore, your application for permanent residence from within Canada under Humanitarian and
Compassionate (H&C grounds is refused.

 

[canuck78]

On November 28, 2023, a representative of the Minister of Immigration, Refugees and Citizenship Canada
(IRCC) reviewed your application. An officer determined that you are inadmissible under section
37(1)(a) of the Immigration and Refugee Protection Act (IRPA)
Section 37(1)(a) of IRPA stipulates that :
37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized
criminality for
(a) being a member of an organization that is believed on reasonable grounds to
be or to have been engaged in activity that is part of a pattern of criminal activity
planned and organized by a number of persons acting in concert in furtherance
of the commission of an offence punishable under an Act of Parliament by way of
indictment, or in furtherance of the commission of an offence outside Canada
that, if committed in Canada, would constitute such an offence, or engaging in
activity that is part of such a pattern;
Therefore, your application for permanent residence from within Canada under Humanitarian and
Compassionate (H&C grounds is refused.

It will be very difficult to get PR. You will need a good lawyer to attempt to fight. Whether you are actually part of the group identified may factor when deciding if it makes sense to invest money in fighting. Would consult immigration lawyers who have history fighting these types of cases.

 

[Zayn1994]

It will be very difficult to get PR. You will need a good lawyer to attempt to fight. Whether you are actually part of the group identified may factor when deciding if it makes sense to invest money in fighting. Would consult immigration lawyers who have history fighting these types of cases.

in the court during guilty plea i said yes i was somewhat part . You think there is chance?

 

[Zayn1994]

in the court during guilty plea i said yes i was somewhat part . You think there is chance?

The officer refers to the Reasons for Sentencing, dated January 28, 2020. She states that "you conceded to being part of this criminal organization during your guilty plea proceedings before Judge A. Tuck-Jackson on 28 January 2020."

 

[scylla]

On November 28, 2023, a representative of the Minister of Immigration, Refugees and Citizenship Canada
(IRCC) reviewed your application. An officer determined that you are inadmissible under section
37(1)(a) of the Immigration and Refugee Protection Act (IRPA)
Section 37(1)(a) of IRPA stipulates that :
37 (1) A permanent resident or a foreign national is inadmissible on grounds of organized
criminality for
(a) being a member of an organization that is believed on reasonable grounds to
be or to have been engaged in activity that is part of a pattern of criminal activity
planned and organized by a number of persons acting in concert in furtherance
of the commission of an offence punishable under an Act of Parliament by way of
indictment, or in furtherance of the commission of an offence outside Canada
that, if committed in Canada, would constitute such an offence, or engaging in
activity that is part of such a pattern;
Therefore, your application for permanent residence from within Canada under Humanitarian and
Compassionate (H&C grounds is refused.

You need to be working with an immigration lawyer. None of us here are lawyers and this issue is too complex to navigate without good legal advice and representation.

 

[canuck78]

in the court during guilty plea i said yes i was somewhat part . You think there is chance?

Depends on your crime and your affiliation. Consult with a lawyer. IRCC doesn’t send out these letters and denials without a reason so yes it may be very difficult and maybe impossible to qualify for PR. .

 

[Copingwithlife]

The officer refers to the Reasons for Sentencing, dated January 28, 2020. She states that "you conceded to being part of this criminal organization during your guilty plea proceedings before Judge A. Tuck-Jackson on 28 January 2020."

Appears that even though you got a conditional discharge in another posting , you still conceded that you were part of the criminal organization

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-application-got-refused-help.681097/#post-8526754


So you posted a conditional discharge in one posting , then you’ve posted “ your guilty plea proceedings “. Were you guilty or not ? Regardless, as mentioned time to lawyer up

 

[Zayn1994]

Appears that even though you got a conditional discharge in another posting , you still conceded that you were part of the criminal organization

https://www.canadavisa.com/canada-immigration-discussion-board/threads/pr-application-got-refused-help.681097/#post-8526754


So you posted a conditional discharge in one posting , then you’ve posted “ your guilty plea proceedings “. Were you guilty or not ? Regardless, as mentioned time to lawyer up

Not guilt got conditional discharge and application for h and c was first approved in principle too.

 

[canuck78]

Not guilt got conditional discharge and application for h and c was first approved in principle too.

AIP is unfortunately not a guaranteee of PR

 

[scylla]

Not guilt got conditional discharge and application for h and c was first approved in principle too.

The issue is that you have been deemed inadmissible to Canada due to your involvement in an organization linked to criminal activities. Again, you need a very good lawyer asap.

 

[Bornlucky]

Not guilt got conditional discharge and application for h and c was first approved in principle too.

Hi, the wording of the inadmissibility report that you posted doesn't mention any specific crime committed.

It mentions that it is more likely than not that you are a member of an inadmissible class for being a participant in organized crime.

So, whatever you have admitted to is probably the basis for that finding of fact. You admitted to being involved in organized crime and they believe you.

You're now the highest priority for removal from Canada. You could get a lawyer I suppose, but anyone will have a difficult time explaining why you should not be deported from Canada immediately.

What country will you be returned to?