Answer

Ricardo’s Case Study

Question 1

The case of Ricardo provides one of the grounds in which a foreign national may not be admitted in Canada. In specific, Ricardo was charged with a summary conviction and returned to his home country. The relevant criminal code in the Criminal Code of Canada is the Immigration and Refugee Protection Act (S.C. 2001, c. 27). In specific, the criminal code is related to section 36 (2) which focuses on the inadmissibility of a foreign national (Justice Laws Website, n.d).

Question 2

The inadmissibility act imposed is that of criminality as provided for under section 36(2) (a) of the Immigration and Refugee Protection Act. In specific, this section provides that a foreign national may be inadmissible for entry into Canada on the grounds of criminality if such a person has been convicted in Canada of an offence under an act of parliament that can be punished by indictment. Notably, indictment; in this case, is both summarily or by way of actual indictment.

Question 3

Ricardo is now allowed to enter Canada because he was returned to his home country after having been charged with a summary conviction. Based on Canadian law, such a person; as a foreign national, is inadmissible unless he receives a pardon or satisfied the Minister that he has been rehabilitated. As a foreign national, Ricardo may be allowed to enter Canada because of his past criminal record.

Question 4

It is possible for Ricardo to return to Canada for the wedding of his son. However, he will need to overcome his inadmissibility by applying for rehabilitation. Additionally, he can also apply for record suspension of his inadmissibility (Canada Border Services Agency, n.d). Also, Ricardo can overcome the inadmissibility by convincing the immigration officers that he meets the legal requirements of being deemed rehabilitated as provided under section 36 (3) (b-d) of the Immigration and Refugee Protection Act. Finally, he can choose to apply for a temporary resident permit to attend his son’s wedding.