An Officer will sometimes provide an opportunity to respond to a

Section 44 Report

Section 44 IRCC CBSA Auxilium Law PC Immigration Canada

Responding to a Section 44 Report

 

What is a Section 44 Report?

 
A Section 44 is the basis of an Officer’s determination as to why a foreign national or permanent resident is inadmissible to Canada. The name comes from the section of the Immigration and Refugee Protection Act that confers to an Officer the authority to issue such a report.
 
Officer’s have the discretion to issue such a report and render a person inadmissible to Canada.
 
In some cases the Section 44 Report has to be determined at the Immigration Division by way of a Admissibility Hearing. This is usually the case for:
 
  • Permanent Residents other than those who are alleged to not have met their residency obligations
  • Foreign Nationals who might be inadmissible  on grounds of serious criminality or criminality for convictions that did not arise in Canada
  • Foreign Nationals facing admissibility issues other than those prescribed under R. 228 of the Regulations
In some cases Officer’s might provide a Permanent Resident or Foreign National with an opportunity to respond to their concerns prior to issuing a Section 44 Report that would render the person concerned inadmissible.
Officer’s may consider the personal circumstances of the person concerned and the best interests of the children impacted by the decision.
 

It is important to provide as much evidence and documentation to demonstrate a person’s personal circumstances and their family members if applicable depeding on the nature of the allegations found within the section 44 Report.

In lights of the serious consequences of a section 44 Report (Removal or Deportation Order and/or inadmisisbility to Canada) it is advisable to seek legal advice and ensure that one understands the issues and the concerns that the case raises.

 

If you received an opportunity to respond to a section 44 Report before it is issued you may want to book a paid consultation to discuss your matter with us.

Please note that this is general Information and should not be construed as legal advice.

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