IMMIGRATION REFUSAL EMERGENCY
Refusal A42:
Inadmissible Family Member
Received a refusal letter or removal order? This is not the end. Immediate action is required.
Refusal Analysis
"Entire family refused because of one inadmissible member."
Section A42 extends the inadmissibility of one family member to all others. If your spouse, child, or parent is inadmissible (criminality, health, security), your own application can be refused even if you are personally admissible.
Legal Context
Section 42(1) of the IRPA states that a foreign national is inadmissible if an accompanying family member is inadmissible, or if the foreign national accompanies an inadmissible family member.
Why the Officer Refused (Common Reasons)
!
Spouse with criminal record.!
Child declared excessive demand (A38).!
Parent with security ban.!
Undeclared ex-spouse.OUR STRATEGY
How We Fix It
File separation or Humanitarian & Compassionate (H&C) application.
1
Identification of the family member causing inadmissibility.2
Assessment of the possibility of separating files.3
Humanitarian & Compassionate (H&C) application if applicable.4
If criminality: Rehabilitation application for the concerned member.Frequently Asked Questions
Can I exclude a family member from my application?
Yes, in some cases. But beware: not declaring a family member is misrepresentation (A40).
Does my ex-spouse affect my file?
No, unless they are still declared as a family member in your current application.
Don't Waste Time
Deadlines for Federal Court (15/60 days) or Restoration (90 days) are strict.
Book a Consultation+1 514-546-9853Why a Level 3 Consultant?
- Authorized to plead before the Tribunal (IRB)
- Expertise in appeals and judicial review
- Management of complex cases (A40, A36, etc.)