Admissibility hearings

Overview

Admissibility hearings

At an admissibility hearing, the Immigration Division decides whether a foreign national or permanent resident is inadmissible on the allegation referred by the Minister. The result can include no order or a removal order.

Obtain the allegation and disclosure

The section 44 report, referral and Minister’s evidence define the case. Check the precise statutory ground, identity and status and demand readable, translated disclosure where required.

Object promptly to missing or late material that causes unfairness.

Prepare factual and legal evidence

Foreign convictions, organizational membership, residence or compliance allegations require Canadian legal analysis. Witnesses and records should address disputed elements rather than general character.

Some facts may be admitted to narrow the hearing; others require proof.

Understand the decision

If inadmissibility is not established, the person is not made subject to a removal order on that referral. If established, the Division issues the order prescribed for the ground.

The hearing generally does not grant broad humanitarian relief.

Preserve appeal and court rights

Some permanent residents and protected persons can appeal a removal order to the IAD, but serious criminality and other bars may eliminate that right. Federal Court deadlines are also short.

Ask for written reasons and keep the hearing recording or transcript information.