foreign Nationals & Permanent Residents of Canada can be referred to the Immigration Division for an
The Canada Border Services Agency (more frequently) or Immigration, Refugees and Citizenship Canada (limited Cases) can refer a foreign national or permanent resident who may have contravened a provision of the Immigration and Refugee Protection Act to the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for an admissibility hearings.
An admissibility hearing is the process under which the Government of Canada determines whether you are inadmissible to Canada.
What are the cases where an Admissibility hearing is required?
A person may not be able to enter or remain in Canada if the Immigration Division determines that the person:
- has failed in some way to comply with the Law or Regulations
- poses a security Risk to Canada or Canadians
- has violated human or international rights
- has been involved in crime or organized crime
- has engaged in misrepresentation
- has a health condition (in some cases)
- does not have enough money to support him or herself, or
- is accompanying an inadmissible family member
In some cases, the Canada Border Services Agency has the authority to issue removal orders directly; that is, to send the person out of Canada, without requesting an admissibility hearing.
It is important to note that a person who is a Permanent Resident can also lose their status and be removed from Canada in certain circumstances.
Admissibility Hearing process – How does an Admissibility Hearing work?
At the hearing the Minister’s counsel will argue as to why the person should not be allowed to enter or remain in Canada.
The person, or his or her counsel, will respond. After considering all the evidence, the member makes a decision and then issues an order.
admissibility hearing outcomes
The outcome is decided by the Member who issues an order. The order either requires the person to leave Canada or allows the person to remain or enter Canada.
Is there a right of Appeal?
In some cases, the person may be able to appeal the removal order to the Immigration Appeal Division.
There is no right of Appeal for Permanent Residents (in 2020) in the following circumstances:
- if the Immigration Division determines that a person is inadmissible for serious criminality and the person served a sentence of more than six months in prison in Canada or the person has committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years or if s. 36 (1) (c) of the Immigration and Refugee Protection Act is applicable
- organized criminality,
- security grounds, or
- violations of human or international rights.
In some cases, the person may be able to seek leave (permission)at the Federal Court of Canada to seek a judicial review of the IRB’s decision.
The Board has created a guide that can perhaps be of assistance but it is advisable to seek legal advice if you or a loved one is schedule to have an admissibility hearing held.
If you are scheduled to appear before the Immigration Division for an admissibility hearing you may want to book a paid consultation with us to discuss your case.
Please note that this is general Information and should not be construed as legal advice.