441-01932 (Foreign affairs)

Foreign nationals who are charged or convicted for an offence outside Canada are not automatically barred from entering or remaining in Canada.

Immigration officers examine foreign charges and convictions to determine if there is an equivalent offence in Canada for the act committed. If there is no equivalent offence, the individual would not be inadmissible for having committed or being convicted of that offence. For example, as there is no equivalent offence in Canada for peaceful protesting, a charge or conviction for having partaken in such activities would not make an individual inadmissible to Canada.

Where there are some similarities between the foreign law and Canadian law, a person would only be inadmissible if the underlying action is considered an offence in Canada.

Immigration officers review all applications on a case-by-case basis, considering the specific facts presented by the applicant. All inadmissibility decisions are based on evidence, which may consist of police or intelligence reports, statutory declarations or other documents, such as media articles or publicly-available information.

Decision-makers are required to follow the rules of procedural fairness throughout the decision-making process. In the event that an immigration officer has concerns over the criminal admissibility of an applicant, the individual is informed and given an opportunity to provide a response to concerns about their application.

If an officer determines that an applicant is inadmissible to come to Canada, the applicant may be eligible for relief, on a case-by-case basis, using mechanisms available under the Immigration and Refugee Protection Act. For example, a temporary resident permit may be issued, when justified in the circumstances, to allow an inadmissible foreign national to enter Canada.

(1) Canada has a special relationship with Hong Kong that is rooted in a shared history and extensive economic, institutional and people-to-people ties. Canada strongly believes that a stable and prosperous Hong Kong depends on respect for human rights. Canada has consistently underscored this essential fact, both in Canada’s public pronouncements and communication with the People’s Republic of China and Hong Kong authorities. Canada has consistently expressed its deep concern that the National Security Law is eroding respect for human rights. The United Nations Special Rapporteur on the Independence of Judges and Lawyers expressed concerns in April 2023 about the National Security Law’s impact on the Hong Kong judicial system. In that report, the Special Rapporteur explained that the National Security Law can interfere with the independence of the judiciary, the ability of lawyers to exercise their profession independently, and the due process that guarantees the right to a fair trial in Hong Kong. Canada will continue to monitor all trials related to charges under the National Security Law and anti-sedition law, closely monitor developments in Hong Kong’s judiciary system, and will undertake appropriate action in response to emerging developments.

(4) While Canada and its partners share a common interest in Hong Kong’s prosperity and security, each country has its own legislative framework and is responsible for applying its own sovereign rules and procedures, including those related to immigration and admissibility. For Canada, foreign nationals who are charged or convicted for an offence outside Canada are not automatically barred from entering or remaining in Canada. Inadmissibility decisions are made on a case-by-case basis by Immigration, Refugees, and Citizenship Canada. With regards to human rights, Canada has repeatedly expressed its concern over the continued erosion of Hong Kong’s autonomy and rights through joint statements with the G7 and the Media Freedom Coalition. Since 2019, these statements have specified shared concerns on the imposition of the National Security Law, the selection process of the Chief Executive in Hong Kong, changes to Hong Kong’s electoral system which barred opposition candidates from participation, and the deteriorating media environment in the region. Furthermore, Canada and like-minded countries each publicly expressed concerns about the Hong Kong authorities’ issuance of international bounties for pro-democracy advocates living overseas and reiterated opposition to the extraterritorial application of the National Security Law.