Admissibility Hearing
What is the Admissibility Hearing?
An admissibility hearing is a formal process where the Immigration Division of the Immigration and Refugee Board of Canada (IRB) determines whether an individual can legally enter or remain in Canada. This hearing typically occurs if the Canada Border Services Agency (CBSA) believes a person is inadmissible due to reasons such as criminal activity, security risks, or misrepresentation.
The decision is based on Canadian immigration laws and the presented facts. If found inadmissible, the person may face removal from Canada, but appeals or judicial reviews may be available in certain circumstances.
What Happens at an Admissibility Hearing?
During an admissibility hearing, a member of the Immigration Division will preside over the proceedings. The CBSA will present evidence to prove why they believe you are inadmissible.
You, or your legal counsel, will have the opportunity to respond, present your case, and provide evidence or witness testimony. After both sides have presented their arguments, the member will make a decision on whether you are admissible to Canada or not.
If you’re facing an admissibility hearing or have received a removal order, navigating the process can be challenging. Our experienced team is here to help you understand your options and guide you through every step. Contact us today to get the support you need to resolve your immigration issues effectively.
Admissibility Hearing Process
- Notice to Appear: You’ll receive a Notice to Appear, detailing the date and time of your hearing. All hearings are virtual, but you can request an in-person hearing if necessary.
- Preparation: Before the hearing, you’ll receive a package from the CBSA outlining the reasons for your potential inadmissibility. You may need an interpreter or legal representation, which should be arranged in advance.
- Hearing Day: The hearing begins with introductions and a check of communication needs. The CBSA presents its case first, followed by your defense. Witnesses may be called, and both sides can question each other.
- Decision: The Immigration Division member will decide if you are inadmissible or not. The decision may be delivered at the end of the hearing or sent to you by mail.
Admissibility Hearing Outcomes
- Not Inadmissible: If the member finds you are not inadmissible, you can stay or enter Canada. The CBSA can appeal this decision to the Immigration Appeal Division (IAD).
- Inadmissible: If found inadmissible, you will receive a removal order. There are three types:
- Departure Order: Leave Canada within 30 days and confirm your departure with CBSA to avoid converting it into a Deportation Order.
- Exclusion Order: You cannot return to Canada for one year (or five years for misrepresentation) without special permission.
- Deportation Order: You are permanently barred from Canada unless you obtain an Authorization to Return to Canada (ARC).
How long does it take to get a decision after a refugee hearing?
The decision is usually given at the end of the hearing, but in some cases, it may be mailed to you afterward.
What evidence is admissible in court in Canada?
In Canadian courts, including admissibility hearings, evidence can be documents or testimony. All documents must be submitted in either English or French and provided to both the CBSA and the Immigration Division at least five days before the hearing.
What if I cannot appeal the removal order?
If you cannot appeal, you may apply to the Federal Court of Canada for a judicial review. Legal advice is recommended, and actions must be taken quickly to meet deadlines.
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