In a recent decision, Canada’s federal court has ruled that Immigration, Refugees, and Citizenship Canada (IRCC) visa officers are not obligated to assess whether an applicant with a criminal history is deemed rehabilitated, unless the applicant explicitly requests such a determination.
The case, Bello v. Canada (Citizenship and Immigration), involved Ms. Bello, a Nigerian citizen who had used a forged passport to enter the United Kingdom. In 2010, she was convicted in the UK for the offense. After seeking refugee protection in Canada in 2017, Ms. Bello later applied for permanent residence in 2021, despite acknowledging her criminal inadmissibility. In her application, she requested an exemption on humanitarian and compassionate grounds, but the visa officer denied her request.
The officer cited Ms. Bello’s serious criminality, noting her conviction for an offense that would carry a sentence of at least 10 years in Canada. Ms. Bello argued that the officer failed to consider whether she had been rehabilitated, but the court disagreed. The ruling clarified that the issue of whether someone is “deemed rehabilitated” is only relevant if the applicant specifically requests it in their application.
The court’s decision means that if a person is criminally inadmissible due to serious criminality, it is not the visa officer’s responsibility to assess rehabilitation unless explicitly requested. Applicants who believe they may be eligible for rehabilitation must ensure they include this in their submission, as it will not be considered otherwise.
This ruling highlights the importance of applicants being thorough in their submissions when dealing with criminal inadmissibility and rehabilitation requests.