An admissibility hearing can determine whether a permanent resident or foreign national is permitted to enter or remain in Canada. The consequences can be serious. If the Immigration Division finds that the person is inadmissible, it may issue a removal order that could lead to the loss of permanent resident status or removal from Canada.
These hearings are not simply administrative appointments. They are formal legal proceedings involving the Canada Border Services Agency (CBSA), evidence, testimony, and arguments about whether one or more provisions of Canadian immigration law apply.
If you receive a notice for an admissibility hearing, understanding the allegations and preparing early can significantly affect how your case proceeds.
Why Is Someone Referred to an Admissibility Hearing?
The process often begins when a CBSA or Immigration, Refugees and Citizenship Canada officer believes that a permanent resident or foreign national may be inadmissible. Under section 44 of the Immigration and Refugee Protection Act, the officer may prepare a report setting out the relevant facts.
A Minister’s Delegate reviews the report. Depending on the person’s status and the alleged ground of inadmissibility, the delegate may refer the case to the Immigration Division of the Immigration and Refugee Board of Canada for a hearing. In some circumstances involving foreign nationals, a Minister’s Delegate may issue a removal order directly without requesting a hearing.
An admissibility allegation may involve:
- Criminality or serious criminality
- Misrepresentation in an immigration application
- Security concerns
- Organized criminality
- Human or international rights violations
- Medical or financial inadmissibility
- Failure to comply with Canadian immigration law
- Inadmissibility involving a family member
The legal requirements differ depending on the allegation and whether the person is a permanent resident or foreign national. The specific wording of the section 44 report must therefore be examined carefully.
Who Decides the Case?
Admissibility hearings are conducted by the Immigration Division, commonly called the ID. The Immigration Division is part of the Immigration and Refugee Board of Canada and is independent of CBSA and IRCC.
An Immigration Division member serves as the decision-maker. Minister’s counsel represents the government and explains why CBSA believes the person is inadmissible. The permanent resident or foreign national, or their lawyer, has the opportunity to respond.
The member must decide whether the allegations have been established under the applicable provisions of the Immigration and Refugee Protection Act. The hearing is focused on legal admissibility, not simply whether the person is generally a good resident or deserves to remain in Canada.
What Happens Before the Hearing?
CBSA will normally provide a disclosure package containing the section 44 report and the documents it intends to rely on. These materials may include immigration forms, interview notes, travel records, criminal records, court documents, previous applications, correspondence, or other evidence related to the allegation.
The person should review every document for factual errors, inconsistencies, missing context, or incorrect legal conclusions. For example, a criminal inadmissibility case may require an analysis comparing a foreign offence with Canadian law. A misrepresentation case may depend on whether the omitted or incorrect information was material to the immigration decision.
The Immigration Division will also send a Notice to Appear containing the date, time, and instructions for attending. IRB hearings are generally scheduled virtually. A person who requires an interpreter should notify the Division as soon as possible and identify the required language or dialect.
Under the Immigration Division Rules, documents that a party wants to use generally must be received by both the Division and the other party at least five days before the hearing. Documents in another language must be accompanied by an English or French translation and a translator’s declaration.
Missing a disclosure deadline can make it more difficult to have important evidence considered.
What Happens During the Admissibility Hearing?
The member begins by identifying the parties and the legal issues. Minister’s counsel then presents the government’s case. This may involve filing documents, calling witnesses, questioning the person concerned, and making legal arguments.
The permanent resident or foreign national can challenge the government’s evidence, question witnesses, testify, present their own documents and witnesses, and make submissions explaining why the allegation has not been established.
The member may also ask questions throughout the hearing. Answers should be truthful, precise, and consistent with the documentary record. Guessing or attempting to minimize an issue can create additional credibility concerns.
An admissibility hearing is adversarial, meaning that the government and the person concerned present opposing positions. However, the Immigration Division member controls the proceeding and must make an independent decision based on the law and evidence.
Most admissibility hearings are open to the public. Evidence, submissions, and other information presented during a public hearing can become part of the public record. In appropriate circumstances, a party may apply to have all or part of the proceeding held in private.
What Decisions Can the Immigration Division Make?
The member may provide a decision and reasons at the end of the hearing or send them later in writing.
If the member decides that the allegation has not been established, the person will receive a favourable decision and no removal order will be issued on that allegation. CBSA may still have a right to appeal the decision to the Immigration Appeal Division.
If the person is found inadmissible, the member will issue the applicable removal order. Depending on the circumstances, this may be a departure order, exclusion order, or deportation order. Each type carries different consequences for leaving Canada and returning in the future.
A finding of inadmissibility can also affect pending immigration applications, permanent resident status, future travel, and family members included in an application.
Can an Admissibility Decision Be Challenged?
Some permanent residents and protected persons may have a right to appeal a removal order to the Immigration Appeal Division. An appeal may address legal or factual errors and, where permitted, humanitarian and compassionate considerations.
However, appeal rights are not available in every case. Certain findings involving security, human or international rights violations, serious criminality, or organized criminality can eliminate the right to appeal. Many foreign nationals also do not have access to a removal order appeal.
When there is no appeal right, it may be possible to apply to the Federal Court for leave and judicial review. Judicial review does not involve rehearing the entire case. The Court considers whether the decision was reasonable and whether the process was procedurally fair.
Deadlines for challenging an admissibility decision are short. Legal advice should be obtained immediately rather than waiting until CBSA begins arranging removal.
How Hummel Law Can Help
Admissibility hearings can involve complicated questions about criminal equivalency, misrepresentation, immigration history, procedural fairness, and the interpretation of Canadian immigration law. The evidence and arguments presented at the hearing may determine whether someone can continue living in Canada.
Hummel Law assists permanent residents and foreign nationals facing inadmissibility issues, section 44 reports, admissibility hearings, removal orders, appeals, and Federal Court proceedings. We can review the government’s allegations, identify weaknesses in the evidence, prepare supporting documents and witnesses, and represent you before the Immigration Division.
If you have received a section 44 report or notice to attend an admissibility hearing, contact Hummel Law to book a confidential consultation. Early preparation can help protect your rights, preserve important options, and ensure that your response directly addresses the allegations against you.
Frequently Asked Questions About Admissibility Hearings in Canada
1. What is the purpose of an admissibility hearing?
An admissibility hearing determines whether a permanent resident or foreign national is legally allowed to enter or remain in Canada. The Immigration Division reviews the allegations and evidence presented by the government before deciding whether the person is inadmissible.
2. Do all foreign nationals receive an admissibility hearing?
No. Depending on the person’s status and the alleged ground of inadmissibility, a Minister’s Delegate may be able to issue a removal order directly. In other cases, the matter is referred to the Immigration Division for a formal hearing.
3. Can I have a lawyer represent me at an admissibility hearing?
Yes. You may hire an immigration lawyer to review the section 44 report, prepare evidence, question witnesses, respond to the government’s arguments, and represent you during the hearing. People who qualify may also be able to obtain assistance through a provincial legal aid program.
4. What happens if I am found inadmissible to Canada?
If the Immigration Division finds you inadmissible, it will issue the applicable removal order. Depending on the circumstances, this may be a departure order, exclusion order, or deportation order. The decision may also affect your immigration status, pending applications, and ability to return to Canada.
5. Can I appeal a decision from an admissibility hearing?
It depends on your immigration status and the reason you were found inadmissible. Some permanent residents and protected persons may appeal to the Immigration Appeal Division. If no appeal is available, you may be able to seek judicial review in Federal Court. Strict deadlines apply, so legal advice should be obtained immediately.
