Danger Opinion

The “non-refoulement” principle ensures Canada does not deport protected persons or refugees to countries where they might face harm.

Exceptions exist for individuals deemed a danger by the Minister.

           

A danger opinion may be sought for protected persons found inadmissible due to

• Serious criminality

• Security concerns

• Human rights or international rights violations

• Organized crime involvement

 

Before seeking a danger opinion, the individual must be found inadmissible on specific grounds.

If issued, a danger opinion allows deportation to the country of origin, even if it poses a risk of harm.

Process for Issuing a Danger Opinion:

• Officer informs individual, provides supporting materials.

• Individual has 15 days to respond, can request extension.

• Officer’s manager reviews documents, decides on recommendation to Minister’s Delegate.

• If referred, National Headquarters prepares Ministerial Opinion Report and sends to individual.

• Individual has 15 days to respond with additional evidence.

• Minister’s delegate renders an opinion.

When Responding to a Danger Opinion, Present Strong Arguments:

• Rehabilitation factors

• Mitigating factors

• Background information and personal circumstances

• Establishment

• Hardship

• Best interests of the child

• Risks in the country of return

Engage a knowledgeable professional for assistance in presenting compelling reasons against the danger opinion. If issued, the individual may face removal from Canada, despite being recognized as a protected person or convention refugee. Submit pertinent documents supporting the case promptly if facing a notice of intent to seek a Danger Opinion and require assistance.

FAQs

Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”