Immigration and Refugee Protection Act — s.34 (Security Inadmissibility)

Summary

Section 34 of IRPA renders foreign nationals and permanent residents inadmissible to Canada on security grounds including membership in an organisation that is believed to engage in terrorism, or engaging in acts of espionage or subversion. There is a Ministerial relief mechanism under s.34(2). Has been applied against Tamil claimants with LTTE associations.

Relevance to the diaspora

Tamil refugees who were members of the LTTE, even in non-combatant roles (cooks, child soldiers, coerced members), have been found inadmissible under s.34 in a significant number of cases; the provision has been criticised for failing to distinguish forced participation from voluntary membership.

Key provisions

• s.34(1)(b) — inadmissibility for engaging in terrorism
• s.34(1)(c) — inadmissibility for membership in a terrorist organisation
• s.34(1)(f) — inadmissibility for being a member of an organisation that has engaged in terrorism
• s.34(2) — Ministerial relief if not contrary to national interest (rarely granted)

Primary source

Related entries

• → Anti-terrorism Act 2001 (Canada) (CA)
• → Convention Relating to the Status of Refugees 1951 and Protocol 1967 (UN)