CBSA has the power to issue removal orders directly without requesting an admissibility hearing, however, such power is not exercised in every case and usually reserved for some cases. If the CBSA has requested an admissibility hearing, normally, it will also send a report to the IRB.
Admissibility Hearings
IMMIGRATION ADMISSIBILITY HEARINGS
Foreign nationals or permanent residents who are believed to have contravened the Immigration and Refugee Protection Act (IRPA), at the request of the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (CIC) in some cases, may have to appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for admissibility hearings.
Grounds for ID hearings:
- Non-compliance with IRPA
- Security threat
- Human or international rights violation
- Involvement in crime
- Misrepresentations
- Health conditions
- Lack of financial support to sustain
- Accompanying an inadmissible family member
Frequently asked questions about admissibility hearings
Generally Minister’s counsel represents CBSA and explain the reasons why you should not be allowed to stay in Canada. You will be the opposing party in hearing, and it is always advisable to have yourself be represented by an immigration lawyer as it is an adversarial process.
The member will make a decision after reviewing all evidences and then issues an order. The order will either ask you to leave Canada or allow you to enter or remain in Canada, some terms and conditions may be imposed. If you are in detention, the member may order continued detention if he or she believes that the reasons for the original detention still stand.
In some cases, it may be possible to appeal the removal order to the Immigration Appeal Division (IAD) of the IRB. In some other cases, it may be possible to seek permission, or leave, of the Federal Court of Canada for a judicial review of the IRB's decision.
GSS Law Firm can assist you in these hearings or for judicial review hearings, immediately contact us for inadmissibility hearings.
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