Inadmissable because of minor reprimand and a PND?
Dec 27th 2016, 7:43 pm
#1
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Inadmissable because of minor reprimand and a PND?
I got a reprimand 10 years ago when I was a minor for possession of cannabis, and more recently, 2.5 years ago I was arrested and released with only a penalty notice for disorder (no admission of guilt).
From what I have read I think I am admissible but it is hard to be sure.
The closest thing I can find in Canadian law to a penalty notice for disorder is "Causing disturbance, indecent exhibition, loitering, etc." which is a summary offence, just like possession of cannabis.
The equivalent of two summary offences apparently deems you inadmissible, though I am thinking that because I was a minor for one of them, I am not considered guilty of the other, and have no actual convictions then I will be ok.
Can anyone corroborate this?
From what I have read I think I am admissible but it is hard to be sure.
The closest thing I can find in Canadian law to a penalty notice for disorder is "Causing disturbance, indecent exhibition, loitering, etc." which is a summary offence, just like possession of cannabis.
The equivalent of two summary offences apparently deems you inadmissible, though I am thinking that because I was a minor for one of them, I am not considered guilty of the other, and have no actual convictions then I will be ok.
Can anyone corroborate this?
Dec 27th 2016, 9:10 pm
#2
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Re: Inadmissable because of minor reprimand and a PND?
If you were under 18 for your first offence then CIC/CBSA won't use it for assessing inadmissibility although it should be disclosed on any application.
Causing a Disturbance under section 175(1)(a)(i) is a summary offence only.
IMHO you are not inadmissible.
Causing a Disturbance under section 175(1)(a)(i) is a summary offence only.
IMHO you are not inadmissible.
Dec 27th 2016, 11:12 pm
#3
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Re: Inadmissable because of minor reprimand and a PND?
Thanks, that's good news.
Dec 30th 2016, 7:57 pm
#4
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Re: Inadmissable because of minor reprimand and a PND?
I have received my subject access, and it doesn't give much info in the offence description for the PND - 4 words "being drunk and disorderly". Should I write in a letter of explanation detailing what happened?
Dec 30th 2016, 7:59 pm
#5
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Re: Inadmissable because of minor reprimand and a PND?
You can as CIC might request more information at a later date.
Dec 30th 2016, 10:59 pm
#6
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Re: Inadmissable because of minor reprimand and a PND?
Ok, but is it a good idea? Might it increase the chance of CIC not asking for more information and so make my application go quicker?
Last edited by DevNinja; Dec 30th 2016 at 11:07 pm.
