Admissibility Hearings
If the Canada Border Services Agency (CBSA) believes that a foreign national or permanent resident is inadmissible to Canada, the case may be referred to an admissibility hearing before the Immigration Division of the Immigration and Refugee Board of Canada.
An admissibility hearing is a quasi-judicial administrative proceeding to determine whether an individual should be issued a removal order and deported from Canada. These hearings are part of Canada’s immigration enforcement system and involve an adversarial process between the Minister (represented by CBSA) and the person alleged to be inadmissible.
How Admissibility Hearings Begin
The process usually begins when a CBSA officer prepares a report under section 44 of the Immigration and Refugee Protection Act (IRPA). This report outlines the factual and legal basis for the allegation that a person is inadmissible to Canada.
The section 44 report is typically accompanied by documentary evidence, which may include:
- Court records or records of criminal convictions
- Sworn affidavits or statutory declarations
- Immigration history and travel records
- Identity and status documentation
- Other evidence relied upon by CBSA to support the allegations
Once a section 44 report is referred to the Immigration Division, a hearing will be scheduled to determine whether the allegations have been proven.
Possible Outcomes of an Admissibility Hearing
At the conclusion of the hearing, the Immigration Division will decide whether the Minister has met its burden of proof and established the allegations of inadmissibility.
If the Immigration Division finds that the allegations have been proven, it will issue a removal order. Depending on the specific allegations, this may be:
- A departure order
- An exclusion order
- A deportation order
If the Minister fails to prove the allegations, the Immigration Division may determine that the person is not inadmissible to Canada, allowing them to remain in the country. In certain limited circumstances, the tribunal may also direct that permanent resident status be confirmed or granted.
The Role of Legal Representation
Individuals appearing before the Immigration Division have the right to be represented by a lawyer at their own expense. Given the serious consequences that can result from an admissibility hearing—including deportation from Canada—legal representation can be critical.
An experienced immigration lawyer can help by:
- Explaining the legal issues and burden of proof that apply to the Minister’s case
- Reviewing and challenging the evidence presented by CBSA
- Cross-examining government witnesses
- Presenting documentary evidence and testimony on your behalf
- Advocating for your right to remain in Canada
Admissibility hearings can have serious and immediate consequences for your ability to remain in Canada. If you have received a section 44 report, a notice to appear before the Immigration Division, or a removal order, it is important to obtain experienced legal advice as early as possible.
The lawyers at Mamann Sandaluk have extensive experience representing clients in admissibility hearings, removal order appeals, and complex immigration litigation before the Immigration and Refugee Board and the Federal Court of Canada.
Contact Mamann Sandaluk today to schedule a consultation and learn how our team can help protect your right to remain in Canada.
Frequently asked questions about
Admissibility Hearings
Some decisions can be appealed to the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Permanent residents often have a right of appeal, although there are important limitations. For example, permanent residents who have been convicted of serious criminal offences and sentenced to six months or more of imprisonment generally lose their right of appeal.
Understanding your appeal rights before the hearing begins is extremely important.
No. The Immigration Division does not have jurisdiction to consider humanitarian and compassionate factors. Its role is limited to determining whether the legal grounds of inadmissibility have been established.
Humanitarian arguments may arise in appeals before the Immigration Appeal Division or through separate immigration applications, depending on the circumstances.
Technically, allegations can always be contested. However, in some cases the underlying facts—such as criminal convictions or immigration history—may be clearly documented and difficult to dispute. In those situations, admissibility hearings sometimes proceed on the basis of concessions of fact, which can streamline the process.
A lawyer can advise you on whether it is strategically appropriate to contest the allegations or focus on other legal remedies.
The Immigration Division issues the removal order, but it is CBSA that enforces it. If a removal order is issued against you, CBSA will begin the process of arranging your removal from Canada unless the order is successfully appealed or stayed.
You are not legally required to have a lawyer. However, because admissibility hearings can result in removal from Canada, it is strongly advisable to seek legal advice as soon as you are notified of the hearing.
Even where the facts appear straightforward, a lawyer can help you understand your rights, evaluate possible defences, and identify any available appeals or remedies.
Some decisions can be appealed to the Immigration Appeal Division of the Immigration and Refugee Board of Canada. Permanent residents often have a right of appeal, although there are important limitations. For example, permanent residents who have been convicted of serious criminal offences and sentenced to six months or more of imprisonment generally lose their right of appeal.
Understanding your appeal rights before the hearing begins is extremely important.
No. The Immigration Division does not have jurisdiction to consider humanitarian and compassionate factors. Its role is limited to determining whether the legal grounds of inadmissibility have been established.
Humanitarian arguments may arise in appeals before the Immigration Appeal Division or through separate immigration applications, depending on the circumstances.
Technically, allegations can always be contested. However, in some cases the underlying facts—such as criminal convictions or immigration history—may be clearly documented and difficult to dispute. In those situations, admissibility hearings sometimes proceed on the basis of concessions of fact, which can streamline the process.
A lawyer can advise you on whether it is strategically appropriate to contest the allegations or focus on other legal remedies.
The Immigration Division issues the removal order, but it is CBSA that enforces it. If a removal order is issued against you, CBSA will begin the process of arranging your removal from Canada unless the order is successfully appealed or stayed.
You are not legally required to have a lawyer. However, because admissibility hearings can result in removal from Canada, it is strongly advisable to seek legal advice as soon as you are notified of the hearing.
Even where the facts appear straightforward, a lawyer can help you understand your rights, evaluate possible defences, and identify any available appeals or remedies.
