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Admissibility Hearing Process

If an individual is inadmissible to Canada, they may not be able to enter or remain in Canada.

An Admissibility Hearing is held if a person has contravened the Immigration and Refugee Protection Act (IRPA) due to a number of reasons further explained below. The person would be required to appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for the hearing. Sometimes the Immigration, Refugee and Citizenship Canada (IRCC) can request an admissibility hearing.

Reasons:

The person would appear for an Admissibility Hearing if they:

  • failed to comply with IRPA;
  • are a threat to Canada’s security;
  • are involved in organized crime or some type of crime;
  • engaged in misrepresentation;
  • have a medical inadmissibility;
  • do not have enough funds;
  • violated human or international rights; or
  • are accompanying an inadmissible family member.

A Member will hear the hearing and make a decision after hearing the arguments of the person and the Minister’s Counsel. After considering the evidence and oral testimony, the Member can to decide to allow the person to remain in Canada (Sometimes terms and conditions are imposed) or decide the person shall remain in detention.

Sometimes the person can appeal this decision to the Immigration Appeal Division (IAD) or seek judicial review from the Federal Court of Canada of the decision.

Frequently Asked Questions

Sometimes, the CBSA can issue removal orders.

Yes, you can hire a lawyer to represent you and come to visit you at the detention center to build your case/arguments.

Why hire AP Lawyers to represent you in the Express Entry processes?

We understand that this is a tough time for you and your family. Our experience and dedication will always increase your chances of success. We know what to look out for in the application process. We are thorough and we can advise you on ways to improve your chances of being successful. We have Immigration, Refugees and Citizenship Canada’s authorization to represent you in the Canada Immigration processes and we are members in good standing of the Law Society of Ontario.