{"id":13106,"date":"2025-09-04T06:15:49","date_gmt":"2025-09-04T10:15:49","guid":{"rendered":"https:\/\/cila.co\/?p=13106"},"modified":"2025-09-02T06:08:42","modified_gmt":"2025-09-02T10:08:42","slug":"philippine-affidavits-of-desistance-when-dropped-charges-still-haunt-canadian-immigration-decisions","status":"publish","type":"post","link":"https:\/\/cila.co\/fr\/philippine-affidavits-of-desistance-when-dropped-charges-still-haunt-canadian-immigration-decisions\/","title":{"rendered":"Philippine Affidavits of Desistance: When Dropped Charges Still Haunt Canadian Immigration Decisions"},"content":{"rendered":"

Authored by Renz Grospe, Canadian Immigration Lawyer, RCG LEGAL – Law Office of Renz Ciron Grospe.<\/span><\/p>\n

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What happens when criminal charges are dropped in the Philippines \u2014 but Canadian immigration officers still find grounds to say you\u2019re inadmissible?<\/span><\/b> This happens a lot, especially when Affidavits of Desistance are involved.<\/span>\u00a0<\/span><\/p>\n

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What\u2019s an Affidavit of Desistance?<\/span><\/b>\u00a0<\/span><\/p>\n

In the Philippines, an <\/span>Affidavit of Desistance<\/span><\/b> is a legal document where the complainant formally states they no longer wish to pursue criminal charges against the accused. Essentially, it\u2019s a way to say, \u201cI\u2019m withdrawing my complaint\u201d or \u201cI no longer want to press charges.\u201d This can happen for many reasons \u2014 sometimes because the parties have settled, sometimes due to misunderstandings, or simply because the complainant decides not to proceed.<\/span>\u00a0<\/span><\/p>\n

Sounds like good news, right? But in Canadian immigration, dropped charges don\u2019t always mean the end of the story.<\/span>\u00a0<\/span><\/p>\n

The Legal Challenge: Section 36(1)(c) of the IRPA<\/span><\/b>\u00a0<\/span><\/p>\n

Canadian immigration officers use <\/span>Section 36(1)(c)<\/span><\/b> of the Immigration and Refugee Protection Act (IRPA) to decide if someone is inadmissible because of serious crimes committed outside Canada.<\/span>\u00a0<\/span><\/p>\n

Here\u2019s the catch:<\/span>\u00a0<\/span><\/p>\n