S.115 of the Immigration and Refugees Protection Act (IRPA), prevents a protected person from being removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or where they would be at risk of torture or cruel and unusual treatment or punishment. Despite this, the section of the Act does not apply to persons who have been deemed inadmissible to Canada on grounds of serious criminality and who are, based on the opinion of the Minister, a danger to the Canadian public. The same is also inapplicable where persons are inadmissible on grounds of security, violating human or international rights or organized criminality, and should not be allowed to remain in Canada based on the nature and severity of acts committed or because they are a danger to the security of Canada as opined by the Minister.

 

Where a protected person is deemed inadmissible on any of the above-mentioned grounds, an officer may request an opinion (‘Danger Opinion’) from Immigration Refugees and Citizenship Canada (IRCC) on whether the person concerned poses such a major risk to the Canadian public that would warrant their removal from the country. Prior to making a request, officers are required to first examine several factors such as the person’s past and current offences and the seriousness and nature of the offence to ensure that they support the officer’s position that the person represents an unacceptable risk to the public and is likely to commit offences in the future. IRCC will then review each person’s history to determine the danger compared to the risk.

 

If an opinion is sought, the person concerned will be notified and given an opportunity to make representations or submit any other evidence regarding danger, nature and severity of the acts committed, risks upon removal, and humanitarian and compassionate considerations. Submissions are required to be provided within 15 days after receipt of the notice. After IRCC makes an opinion, the person concerned will be informed whether they will be removed from Canada.

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Need help? For more information on Danger Opinions or if you have received a letter advising that a danger opinion is being sought and require assistance to respond to same, reach out to us using our contact form so we can provide the help you need.