Immigration Investigations

Immigration investigations in Canada are governed by the Immigration and Refugee Protection Act (IRPA) and may be conducted by multiple federal and provincial authorities. These include Immigration, Refugees and Citizenship Canada (IRCC), the Canada Border Services Agency (CBSA), the Royal Canadian Mounted Police (RCMP), and the Canadian Security Intelligence Service (CSIS). In certain cases, provincial police services work alongside CBSA in joint enforcement operations targeting suspected immigration violations.

Purpose of Immigration Investigations

The primary objective of an immigration investigation is to determine whether an individual or organization has breached Canadian immigration laws or regulations. Depending on the scope and seriousness of the matter, the individual under investigation may be asked to attend an interview or examination. However, investigations may also proceed without direct notice until enforcement steps are taken.

Potential Outcomes of an Immigration Investigation

An immigration investigation can result in serious legal consequences. These may include the initiation of enforcement proceedings under IRPA or the laying of charges under federal legislation, which may be prosecuted in criminal court. Where criminal charges are laid, it is critical to retain experienced criminal counsel immediately, as the matter extends beyond immigration law.

In many cases, investigations lead to the preparation of a report under section 44(1) of IRPA. This report sets out the allegations of inadmissibility and may include issues such as criminal convictions in Canada or abroad, material misrepresentation to immigration authorities, or alleged involvement in organized criminal activity. If referred to the Immigration Division, these allegations can result in an admissibility hearing and the issuance of a removal order.

Responding to a Section 44 Report

Individuals who are the subject of a section 44 report are often provided with an opportunity to respond before the matter is referred for a hearing. This stage is critical. A well-prepared response may prevent the report from proceeding further and can significantly impact the outcome of the case. Retaining experienced immigration counsel at this stage is strongly advised to ensure that all legal and factual defenses are properly advanced.

Contact Mamann Sandaluk LLP

Immigration investigations carry serious and often immediate consequences, including detention, inadmissibility findings, and removal from Canada. The legal team at Mamann Sandaluk LLP has extensive experience representing individuals facing complex enforcement proceedings, including section 44 reports and admissibility hearings.

If you are under investigation or have been contacted by immigration authorities, contact Mamann Sandaluk LLP today for strategic, experienced legal representation.