Tabled on November 24, 2025
Sessional Paper 8555-451-443
Order/Address of the House of Commons
Question number Q-443
Asked by Jenny Kwan (Vancouver East)
Date asked October 8, 2025
Response
This response was tabled in the House of Commons on November 24, 2025, as Sessional Paper 8555-451-443
Immigration, Refugees and Citizenship Canada
Reply by: the Minister of Immigration, Refugees and Citizenship
Name of Signatory: Peter Fragiskatos
Reply
Immigration, Refugees and Citizenship Canada
(a) what are the criteria and process by which it is established whether someone is eligible to travel to Canada?
All persons seeking to come to Canada, whether temporarily or permanently, must meet the eligibility and admissibility requirements as set out in the Immigration and Refugee Protection Act and the Immigration and Refugee Protection Regulations (the Regulations). This ensures that those who are allowed to come to Canada do not pose a threat to the health, safety or security of Canadians.
Every applicant is assessed by a trained immigration officer. Officers must be satisfied that applicants are not inadmissible to Canada under the Immigration and Refugee Protection Act .
Each application is considered on a case-by-case basis on the specific facts presented by the applicant. It is the applicant’s responsibility to satisfy the Immigration, Refugees and Citizenship Canada decision maker that they meet the requirements and applicants are responsible and accountable for the documents submitted with their applications.
Canada makes independent and sovereign entry decisions on those seeking to enter Canada. Multiple sources of information can be considered in determining eligibility and admissibility, including intelligence, information acquired through information sharing with trusted partners, as well as open-source information. Information gathered is analyzed by the Immigration Refugees and Citizenship Canada Officers and used to determine whether further comprehensive screening of individual applications by Public Safety Partners is required.
All visitors, temporary foreign workers, students, immigrants and refugees are carefully screened before coming into Canada to determine their admissibility. This screening ensures that these persons do not pose a threat to the health, safety or security of Canadians, and are allowed to enter the country.
(b) if an individual does not have a criminal record, on what other basis can they be denied entry?
All foreign nationals seeking to enter Canada must not be inadmissible under the Immigration and Refugee Protection Act .
Sections 34 to 42 of the Immigration and Refugee Protection Act provide the reasons an individual can be found inadmissible to Canada. They include security, violating human or international rights, serious criminality and criminality, organized criminality, health grounds, financial reasons, misrepresentation, cessation of refugee protection, non-compliance, and an inadmissible family member.
This robust framework ensures that Canada has appropriate measures to promote international justice and security by fostering respect for human rights and by denying access to Canadian territory to persons who are criminals or security risks, as an objective of the Immigration and Refugee Protection Act .
An admissibility decision on an application to enter or remain in Canada is made on a case-by-case basis, based on the information available to the immigration or the Canada Border Services Agency official. When an individual is found to be inadmissible their document may be refused, they may be refused authorization to enter Canada, or they may be removed from Canada.
The Minister of Immigration, Refugees and Citizenship may also use her “negative discretion” authority under section 22.1 of Immigration and Refugee Protection Act to declare that a foreign national may not become a temporary resident, on the basis of public policy concerns, for a period of up to three years.
(c) who has the authority to determine whether an individual or group is ineligible to enter into Canada, aside from the Minister of Immigration, Refugees and Citizenship and Canada Border Services Agency officials at the border?
Section 11 of the Immigration and Refugee Protection Act contains the following provisions:
- 11 (1) A foreign national must, before entering Canada, apply to an officer for a visa or for any other document required by the regulations. The visa or document may be issued if, following an examination, the officer is satisfied that the foreign national is not inadmissible and meets the requirements of this Act.
- Despite subsection (1), a foreign national must, before entering Canada, apply for an electronic travel authorization required by the regulations by means of an electronic system, unless the regulations provide that the application may be made by other means. The application may be examined by an officer and, if the officer determines that the foreign national is not inadmissible and meets the requirements of this Act, the authorization may be issued by the officer.
The officers who are designated by the Minister to process certain applications and administer the above provisions of the Act are outlined in line 41 of Immigration, Refugees and Citizenship Canada’s Instrument of Designation and Delegation, which is publicly available. The Minister of Immigration, Refugees and Citizenship does not have the authority under the Immigration and Refugee Protection Act to issue documents or make decisions on applications pursuant to these provisions.
(d) who has the authority to delegate that authority?
This authority cannot be delegated; rather, it is held only by persons designated as officers per line 41 of the Instrument of Designation and Delegation.
(e) has the authority ever been delegated to a parliamentary secretary, and, if so, when and what are the details, including the (i) year, (ii) title of the parliamentary secretary?
Elected officials are not authorized to make decisions. Only persons who are designated officers under the Instrument of Designation and Delegation can review an application and make the decision to issue documents under the relevant provisions of the Act.
(f) what are the communication protocols and procedures in place when the decision to ban an individual or group is made?
Immigration, Refugees and Citizenship Canada upholds the principles of administrative law and natural justice embedded in Canada’s legal framework in their decision making and communication procedures. Before an Immigration, Refugees and Citizenship Canada official renders a final inadmissibility decision the applicant is given sufficient information about the inadmissibility concern and provided with an opportunity to respond before a final decision is made. This exchange is between the Immigration, Refugees and Citizenship Canada official and the applicant and/or their representative.
Immigration, Refugees and Citizenship Canada must adhere to Canada’s privacy legislation, established information-sharing authorities, and pre-approved Memorandums of Understanding before sharing a client’s personal information outside the Department. For the purposes of security and criminality screening, Immigration, Refugees and Citizenship Canada may share information with Public Safety partners—including the Canada Border Services Agency, the Canadian Security Intelligence Service, and the Royal Canadian Mounted Police. These referrals are made when Immigration, Refugees and Citizenship Canada officers identify potential concerns based on risk indicators, fraud trends, or other intelligence. Immigration, Refugees and Citizenship Canada may also disclose personal information about applicants only under specific circumstances permitted by law. These disclosures are guided primarily by the Privacy Act and, in certain cases, the Security of Canada Information Disclosure Act .
Under subsection 8(2)(m) of the Privacy Act , Immigration, Refugees and Citizenship Canada may seek approval from the Minister of Immigration, Refugees and Citizenship or the designated delegate to disclose personal information in the public interest, or to benefit the individual concerned. This provision is discretionary and requires a careful assessment of the potential impact of disclosure, including whether the public interest clearly outweighs any invasion of privacy.
In addition, Immigration, Refugees and Citizenship Canada may disclose personal information under the Security of Canada Information Disclosure Act ., which allows federal institutions to share information relevant to national security with designated recipients. The Security of Canada Information Disclosure Act is designed to facilitate the detection, prevention, and response to activities that undermine the security of Canada, such as terrorism or espionage. Any disclosure under this Act must meet strict thresholds and be consistent with the principles of necessity and proportionality.
In all cases, Immigration, Refugees and Citizenship Canada ensures that disclosures are made in accordance with legal authorities, internal policies, and privacy protection standards. These safeguards are in place to balance the need for transparency and security with the protection of individual privacy rights.
(j) were Kneecap members ever denied the right to entry at any point in the process?
Temporary residents with a valid electronic travel authorization may seek entry to Canada at a port of entry; however, the decision to admit a foreign national rests with the Canada Border Services Agency officer at the port of entry.
In August 2025, Mr. Liam Og Hanna's electronic travel authorization was cancelled for inadmissibility for omitting to disclose complete and accurate information on his application (failing to comply, per paragraph 41(a) of the Immigration and Refugee Protection Act ). The applicant was notified of the reasons for this decision. He remains eligible to submit a new application, which will be assessed on its own merits.
As for Mr. James John O Dochartaigh and Mr. Naoise O Caireallain, their applications are currently under review. In September 2025, they were informed not to travel to Canada until receiving further communication from Immigration, Refugees and Citizenship Canada.
(k) are Kneecap members currently allowed to enter Canada?
Inadmissibility for non-compliance generally ends once a client is no longer in a state of non-compliance. Liam Óg Hanna’s cancellation of his electronic travel authorization for non-compliance pursuant to subsection 41(a) of the Immigration and Refugee Protection Act does not preclude him from applying again. As mentioned, the applications of James John O Dochartaigh and Mr. Naoise O Caireallain are currently under review, and they have been informed not to travel to Canada.
(l) what are the process and criteria being followed by Immigration, Refugees and Citizenship Canada in this case, are there appeal mechanisms, and, if so, what appeal mechanisms are available?
There is no appeal mechanism for temporary resident applicants who are found inadmissible to Canada. However, applicants may exercise their right to file an application for leave and a judicial review with the Federal Court of Canada against the refusal.
Public Safety Canada
Reply by: the Minister of Public Safety
Name of Signatory: Jacques Ramsay, Parliamentary Secretary
Reply
Canada Border Services Agency
(g) was the member for Eglinton—Lawrence authorized to announce that members of the musical group Kneecap were ineligible to enter the country, and, if so, who authorized the announcement and was this decision formally communicated to Kneecap by government officials?
The Canada Border Services Agency was not implicated in the authorization of the announcement.
(h) did government officials advise the member for Eglinton—Lawrence regarding the ban of Kneecap, and, if so, which department were the officials from?
The Canada Border Services Agency did not provide advice on the announcement.
(m) was there any consultation with other federal departments or agencies, including, but not limited to, Public Safety Canada, the Canada Border Services Agency and Global Affairs Canada, or third parties such as stakeholder groups prior to, or following, the announcement made by the member for Eglinton—Lawrence regarding Kneecap, and, if so, what was the response?
The Canada Border Services Agency was not consulted regarding the announcement.
Privy Council Office
Reply by: the Prime Minister of Canada
Name of Signatory: Rachel Bendayan, P.C., M.P.
Reply
(i) was the Prime Minister’s Office involved in the decision for the member for Eglinton—Lawrence to make the announcement?
The Prime Minister’s Office was not involved in the decision for the member for Eglinton—Lawrence to make the announcement.
