Officers will assess whether the known inadmissibility, for example, a criminal conviction, outweighs the H&C grounds. They may consider factors such as your actions, including those that led to and followed the conviction. Officers will consider:
- the type of criminal conviction;
- what sentence was received;
- the length of time since the conviction;
- whether the conviction is an isolated incident or part of a pattern of recidivist criminality; and
- any other pertinent information about the circumstances of the crime.
H&C Health inadmissibility
Any known inadmissibility, including health inadmissibility, will be assessed during the Stage 1 assessment, and either an exemption is granted to overcome the inadmissibility or the case is refused. If you have any type of inadmissibility issue, it is strongly advised that you consult with an immigration practitioner.
However, applicants normally undergo a medical examination at Stage 2 of the process. The health inadmissibility must be confirmed prior to the grant of an exemption to overcome it, so officers may request that you complete the medical examination at Stage 1 if:
- you have specifically requested an exemption from inadmissibility requirements related to health, and the officer is of the opinion that the H&C factors might outweigh the inadmissibility
- the officer suspects that the case involves health inadmissibility