Case snapshot
At a glance
- Case
- Can a Permanent Resident Be Removed for Criminal Inadmissibility in Ontario?
- Court / Tribunal
- FC
- Date
- July 16, 2026
- Area of law
- Immigration Law
- Key issue
- Whether a permanent resident could be lawfully removed from Canada on grounds of criminal inadmissibility under the Immigration and Refugee Protection Act.
- Outcome
- The Federal Court dismissed the application, upholding the removal order against the permanent residents on criminal inadmissibility grounds.
- Why it matters
- Permanent residents in Ontario should understand that a criminal record can put their status — and their right to remain in Canada — at serious risk, even after years of lawful residence.
Legal principle
The rule from this case
Permanent resident status in Canada does not provide absolute protection against removal. Under the Immigration and Refugee Protection Act, a permanent resident can be found inadmissible on grounds of serious criminality and subsequently subject to a removal order. The Federal Court confirmed in this decision that once the legal thresholds for criminal inadmissibility are met, the removal process can proceed even where the individual has established deep ties to Canada. The court's role on judicial review is not to re-weigh the facts from scratch but to assess whether the decision-maker's conclusion was reasonable — meaning it falls within a range of defensible outcomes based on the law and evidence. Where the record supports a finding of inadmissibility, the Federal Court will generally not intervene simply because the applicant disagrees with the result.
Important limits
What this does not mean
This decision does not mean that every permanent resident with any criminal history will automatically be removed from Canada. The law distinguishes between different levels of offending, and not every conviction triggers the serious criminality threshold. There are also humanitarian and compassionate considerations, appeals to the Immigration Appeal Division, and other procedural protections that may be available depending on the specific facts of a person's case. This case also does not stand for the proposition that permanent residents have no recourse once a removal order is issued. Depending on the sentence received and the nature of the offence, some permanent residents retain a right of appeal. The decision simply confirms that where the legal criteria for removal are properly established, the Federal Court will not override that outcome on judicial review alone.
Can a Permanent Resident Be Removed from Canada for a Criminal Offence?
Yes — permanent residents can be removed from Canada if they are found criminally inadmissible under federal immigration law. Many people assume that once they have permanent resident status, their right to stay in Canada is secure. This case is a reminder that status can be lost, and that the consequences of a criminal conviction extend well beyond the criminal courts.
In Motilal Et Al. v. Canada (Public Safety and Emergency Preparedness), 2026 CanLII 71141 (FC) (CanLII), the Federal Court dismissed a challenge to a removal order affecting permanent residents on criminal inadmissibility grounds. If you or someone you know holds permanent resident status and has a criminal record, this decision is directly relevant to your situation.
What Is Criminal Inadmissibility for Permanent Residents?
Criminal inadmissibility means that a person’s criminal history makes them ineligible to remain in or enter Canada under the Immigration and Refugee Protection Act (IRPA). For permanent residents, the key threshold is “serious criminality” — generally defined as a conviction for an offence that carries a maximum sentence of at least 10 years, or for which a sentence of more than six months was actually imposed.
Once a permanent resident is found inadmissible on these grounds, the immigration system can issue a removal order. This is a separate legal process from the criminal courts — the immigration consequences happen on top of any criminal sentence, not instead of it.
How Does the Federal Court Review a Removal Decision?
The Federal Court does not retry the case or substitute its own judgment for that of the immigration decision-maker. Instead, it applies a standard called “reasonableness review.” The court asks whether the decision falls within a range of outcomes that are defensible based on the facts and the law.
In practical terms, this is a high bar for applicants to meet. If the decision-maker properly applied the legal test and had evidence to support the inadmissibility finding, the Federal Court will generally uphold the result — even if the applicant believes a different outcome was possible.
Does Having Deep Ties to Canada Protect a Permanent Resident from Removal?
Not automatically. Ties to Canada — such as family, employment, and years of lawful residence — are factors that decision-makers can consider, but they do not override a valid inadmissibility finding. In this case, the Federal Court confirmed that once the legal criteria for criminal inadmissibility are satisfied, removal can proceed regardless of how long the person has lived in Canada or how strong their connections are.
This does not mean those ties are irrelevant. They may be weighed in humanitarian and compassionate applications, or in an appeal to the Immigration Appeal Division (IAD) — but they are not a guaranteed shield against removal.
Do Permanent Residents Have a Right to Appeal a Removal Order?
It depends on the sentence. Permanent residents who receive a sentence of less than two years may have a right to appeal a removal order to the Immigration Appeal Division. However, if the sentence imposed is two years or more, that right of appeal is lost under IRPA. This is one of the most critical distinctions in Canadian immigration law — a sentence length in the criminal courts can directly determine whether immigration appeal rights survive.
For those who retain appeal rights, the IAD can consider humanitarian and compassionate factors and may stay or set aside a removal order. For those who do not, judicial review at the Federal Court is typically the remaining avenue — and as this decision illustrates, that is a difficult path.
What Should Permanent Residents with a Criminal Record Do?
Act quickly and get proper legal advice. The intersection of criminal law and immigration law is complex, and the consequences of a misstep can be permanent. If you are a permanent resident facing criminal charges — or if you have already been convicted — you need to understand the immigration implications before your criminal matter is resolved, not after.
Our Ontario immigration lawyers regularly advise permanent residents on the immigration consequences of criminal proceedings and on options for challenging removal orders. Early advice can make a significant difference in the options available to you.
Practical Takeaways for Permanent Residents Facing Criminal Charges
- Get immigration advice before your criminal case is resolved. The sentence imposed in criminal court can directly affect your immigration appeal rights — this cannot be undone after the fact.
- Do not assume your permanent resident status is safe. A conviction that meets the “serious criminality” threshold can trigger a removal order regardless of how long you have lived in Canada.
- Know your appeal rights. Whether you can appeal to the Immigration Appeal Division depends on the length of your sentence. If that right is lost, your options narrow significantly.
- Humanitarian factors matter, but they are not automatic protection. Ties to Canada can be raised in certain proceedings, but they do not automatically prevent removal once inadmissibility is established.
- Judicial review is difficult to win. The Federal Court applies a deferential standard — if you are considering this route, consult a lawyer experienced in immigration judicial review as early as possible.
If you are in the Hamilton or Halton region and need advice on immigration status and criminal inadmissibility, our Burlington immigration law office is available to help you understand your options.
UL Lawyers offers a free initial consultation from our Burlington office and serves clients across Ontario. If you or a family member is a permanent resident facing a removal order or criminal inadmissibility concerns, speak with our immigration team before making any decisions about your case.
This article is automated commentary on a public court decision and is for general information only — not legal advice. Decisions rely on facts unique to each case. If you are affected by a similar issue, contact a lawyer for advice specific to your situation.
FAQ
Frequently asked questions
Yes. A permanent resident convicted of a serious criminal offence can be found inadmissible and subject to a removal order under the Immigration and Refugee Protection Act. The right to appeal that order depends on the length of the sentence imposed.
Serious criminality generally refers to offences punishable by a maximum of 10 or more years, or where a sentence of more than six months was imposed. This threshold is important because it affects both admissibility and whether a permanent resident retains the right to appeal a removal order.
Timelines vary depending on the type of order and the appeal or review process available. Appeals to the Immigration Appeal Division and applications for judicial review at the Federal Court have strict deadlines, so it is important to consult an immigration lawyer as soon as a removal order is issued.