More Information About the Process
The Immigration Division of the Immigration and Refugee Board [IRB] is responsible for determining whether people are inadmissible to Canada as a result of criminality, misrepresentation, or various other bars from entering or remaining in Canada.
Hearings before the Immigration Division follow a quasi-judicial process. This means that the government is represented by an officer and you have the right to be represented by a lawyer. Evidence is tendered for consideration by a Member of the Immigration Division who will ultimately be responsible for determining whether a person must be ordered to leave Canada. It is very important that people appearing before the Immigration Division have the opportunity to consult counsel as in many cases, a hearing before the Immigration Division represents the last opportunity for a fulsome consideration of an allegation that a person is inadmissible to Canada.
In cases involving determinations against permanent residents or Convention refugees, the person concerned will have a right of appeal to the Immigration Appeal Division [IAD] of the IRB. This is important because the IAD has an equitable (also known as a ‘humanitarian and compassionate’) jurisdiction and is able to decide that a person need not be deported from Canada, even if they are legally inadmissible.
Frequently asked questions about Admissibility Hearings
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The government has an obligation to advise you if your case has been referred to the Immigration Division. Ordinarily, you will be notified in writing by regular mail and informed of a date and place to appear for the hearing of your case.
Although you should have adequate time to review the documentary evidence the Minister has filed and prepare evidence in reply, the time that you will have to do so is not unlimited. The Immigration Division has an obligation to hear cases expeditiously and generally speaking, it takes that obligation seriously.
If you have been notified that your case has been referred to an admissibility hearing, it is imperative that you retain counsel right away.
Failing to attend an admissibility hearing will result in the Minister obtaining a warrant for your arrest. If you are aware that immigration has scheduled an admissibility hearing against you but you have not received notice of the hearing, you should contact the tribunal immediately in order to ensure that notice has been sent.
How can Mamann, Sandaluk & Kingwell LLP to represent you before the Immigration Division?
Lawyers from Mamann, Sandaluk & Kingwell have represented clients before the Immigration Division for many years and have extensive experience in highly complex and controversial cases involving war crimes, against humanity, organized criminality, and espionage. At a consultation, we will review the circumstances of your case and be able to provide you with a clear indication of your prospects of success before the Immigration Division as well as any other remedies that may be available to you. Call us to book a consultation without delay.