What is an Admissibility Hearing?
An Admissibility Hearing is a proceeding that occurs before the Immigration Division of the Immigration and Refugee Board. During this time, a board member is given the task to determine if a person (Canadian permanent resident, or a foreign national) is inadmissible in Canada and if they should be removed from the country. An admissibility hearing may occur if a person:
- has failed in some way to comply with the Immigration and Refugee Protection Act (IRPA)
- is a security threat
- has violated human or international rights
- has been involved in crime or organized crime
- has engaged in misrepresentation, such as claiming a false identity
- has a health condition (in some cases)
- does not have enough money to support themselves
- is accompanying an inadmissible family member
What to Expect
If you are found inadmissible to Canada, you and the Immigration Division will receive a letter (either from the Canadian Border Services Agency or Immigration Refugee and Citizenship Canada). This letter is a Request for an Admissibility Hearing. You will also receive a “Report on Inadmissibility” stating why you should be denied entry into Canada, or denied the ability to stay in Canada. A hearing date will then be set by the Immigration Division and you will be informed of this date by letter.
If the Immigration Division finds that the individual is inadmissible, a removal order will be issued. In some circumstances, an individual may be able to appeal the removal order.
How to start a removal order appeal
If you have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (IAD) in order to explain why you should be able to stay in Canada. This is known as a removal order appeal.
If you are a permanent resident of Canada, a foreign national with a permanent resident visa or a refugee or protected person, you may be eligible for appeal. If you meet any of the following criteria, however, you will not be eligible for an appeal:
- Have been sentenced to 6 months or more in prison (including time spent in custody prior to your trial)
- Have been convicted of a crime in another country (that in Canada, would hold a sentence of 10 years or more)
- Were deemed inadmissible for security reasons (such as committing human rights violations, or being engaged in organized crime).
There is a 30-day time frame to file an appeal to the IAD after you receive a removal order. You must submit a completed Notice of Appeal form as well as a copy of the removal order you received.
What happens between the time I’ve been issued a letter, and my hearing date…Will I be detained?
You will be evaluated by the Canadian Border Services Agency, and if you are deemed a risk to society, if they are concerned that you will not show up to your admissibility hearing, or if they are yet to establish your identity, then you may be put into detention. If you are concerned, you are encouraged to seek legal help. Our lawyers are experienced and ready to help you out if you receive an admissibility hearing letter. We look after our clients and by reviewing all allegations and make sure that nothing is missed.