In the case of a Danger Opinion, a person is assessed to determine whether they pose such a major risk to the Canadian public that would warrant their removal from the country, irrespective of any protected status they may have.
Subsection 115(1) of the Immigration and Refugee Protection Act (IRPA) states that a person who is recognized as a Protected person or a Convention refugee shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.
In fact, section 115 of IRPA prevents a Protected person or a Convention refugee from being removed from Canada, unless she/he is found to be inadmissible and the Minister of Immigration, Refugees and Citizenship Canada issues an opinion that the person poses a danger to the Canadian public safety for being inadmissible on grounds of serious criminality because of the severity of criminal acts committed in violation of human rights, among others.
Our immigration lawyers at Boghossian Morais LLP have experience in dealing with Danger Opinions and they work persistently to ensure the protection of fundamental human rights of our clients.
For questions and more information on Danger Opinions, reach out to us directly.