This article reports on Canada's treatment of migrants who are deemed "undesirable" for reasons of actual or alleged criminality, but who cannot be removed from Canadian territory. It identifies five potential outcomes for these individuals: eligible for permanent residence; granted temporary stay of removal until impediment removed; granted temporary status while still under active removal order; placed in legal limbo; or subjected to suspect deportation. The specific rights and restrictions that flow from each of these outcomes vary significantly, but the result in a given case does not appear to reflect deliberate policy choices that consider and treat criminal-unremovable persons as a class. This arbitrariness is exacerbated by the fact that the majority of impediments to removal are not the specific subject of any decision-making process in Canada: a series of sequential tables are used to demonstrate that most impediments to removal are relevant only in highly discretionary contexts where they may be deemed insignificant or given minimal weight. The overall conclusion is that although individuals in this situation face significant hardship, Canada does not have a coherent or deliberate policy regarding their interim or long-term treatment. © Author(s) [2017]. All rights reserved.

Unreturnable Article 1F exclusion Unremovable migrant Criminal Refugee

Canada immigration policy immigrant social exclusion refugee crime