The grounds, and where they lead
| Ground | Typical situations | Main remedies |
|---|---|---|
| Criminality and serious criminality (s. 36) | Convictions in or outside Canada, including impaired driving | Rehabilitation, record suspension, TRP, IAD appeal for many permanent residents |
| Misrepresentation (s. 40) | False documents, undisclosed refusals, marriages or children, agent errors | Response to the fairness letter, IAD appeal, judicial review; otherwise a five-year wait |
| Health grounds (s. 38) | Danger to public health or safety; excessive demand on health or social services | Mitigation plan, response to the fairness letter, exemptions |
| Financial reasons (s. 39) | Inability or unwillingness to support yourself and dependants | Evidence of funds and employability |
| Security, human rights, organized criminality (ss. 34, 35, 37) | Membership in organizations, service in certain regimes or militaries, smuggling and trafficking | Answering the facts, ministerial relief under s. 42.1 |
| Inadmissible family member (s. 42) | An accompanying, or in some cases non-accompanying, family member is inadmissible | Addressing that person’s inadmissibility, or a TRP |
| Non-compliance with IRPA (s. 41) | Overstays, unauthorized work or study, breach of conditions | Restoration, TRP, H&C, or departure on the right terms |
Cross-cutting remedies
- Temporary resident permits allow entry or stay despite most grounds when there is a compelling reason.
- Authorizations to Return to Canada are needed after many removals.
- IAD appeals give many permanent residents and sponsors a hearing, including on humanitarian grounds.
- Humanitarian and compassionate exemptions can overcome some grounds as part of a permanent residence application.
How ATWORLD IMMIGRATION helps
We look at the whole history: court records, past applications, travel and medical reports. Then we tell you which ground actually applies and which remedy is fastest and most likely to work. Where a hearing is coming, we represent you before the Immigration Division or the IAD.
Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.