Overview
Understanding Admissibility Proceedings in Canada
Admissibility hearings are conducted by the Immigration Division (ID) of the Immigration and Refugee Board when there are concerns that a foreign national or permanent resident is inadmissible to Canada. These hearings determine whether you can enter or remain in Canada based on various grounds under the Immigration and Refugee Protection Act (IRPA).
Grounds for inadmissibility include security concerns, human rights violations, serious criminality, ordinary criminality, organized crime, health grounds, financial reasons, misrepresentation, non-compliance with IRPA, and inadmissible family members. Each ground has specific legal tests and potential consequences ranging from exclusion orders to deportation orders.
If you are found inadmissible, the consequences can be severe. Exclusion orders bar you from Canada for one year. Deportation orders are permanent bans unless you obtain an Authorization to Return to Canada (ARC). Removal orders for permanent residents result in loss of status. Some inadmissibility findings trigger criminal investigations or affect family members.
Our Vancouver immigration lawyers have extensive experience representing clients at Immigration Division hearings. We understand the evidentiary standards, procedural rules, and legal arguments that can make the difference between keeping your status and facing removal from Canada.
Admissibility Matters We Handle
- Criminal Inadmissibility (Serious & Ordinary Criminality)
- Misrepresentation Allegations
- Security Inadmissibility
- Human Rights Violations
- Organized Crime Allegations
- Medical Inadmissibility
- Financial Inadmissibility
- IRPA Non-Compliance
- Detention Reviews
- Appeals to the Immigration Appeal Division
The Admissibility Hearing Process
Case assessment
We review the allegations, disclosure from CBSA, and your circumstances to identify defenses and determine the best strategy for your hearing.
Evidence gathering
We obtain relevant records, prepare supporting documents, and identify witnesses who can testify on your behalf at the hearing.
Pre-hearing preparation
We prepare you for the hearing, conduct practice sessions, file written submissions, and ensure you understand what to expect.
Hearing representation
We represent you at the Immigration Division hearing, cross-examine CBSA witnesses, present evidence, and make legal arguments on your behalf.
Post-decision options
If the decision is unfavorable, we advise on appeal rights to the Immigration Appeal Division or judicial review at the Federal Court.
Frequently Asked Questions
What happens if I am found inadmissible to Canada?
If found inadmissible, you may receive an exclusion order (1-year bar), departure order (must leave within 30 days), or deportation order (permanent bar). Permanent residents lose their status. You may have appeal rights to the Immigration Appeal Division depending on the ground of inadmissibility and your status. Some orders require you to obtain an Authorization to Return to Canada (ARC) before re-entering.
Can a criminal record make me inadmissible to Canada?
Yes. Foreign nationals can be inadmissible for any criminal conviction, including DUI. Permanent residents are inadmissible for 'serious criminality'—crimes punishable by 10+ years or resulting in a sentence of 6+ months. Criminal rehabilitation, record suspensions (pardons), or deemed rehabilitation (10 years since completion of sentence for non-serious crimes) may overcome inadmissibility in some cases.
What is misrepresentation in immigration?
Misrepresentation means directly or indirectly providing false information or withholding material facts in an immigration application. This includes using fraudulent documents, failing to disclose criminal history, or having someone else make false statements on your behalf. A misrepresentation finding results in a 5-year ban from Canada and can affect family members' applications.
Can I appeal an admissibility decision?
Permanent residents have a right of appeal to the Immigration Appeal Division (IAD) for most admissibility findings, including serious criminality and misrepresentation. The IAD can consider humanitarian and compassionate factors. Foreign nationals generally cannot appeal to the IAD but may seek judicial review at the Federal Court. Some serious criminality cases have no appeal rights.
What are detention reviews?
If you are detained by CBSA, you have the right to detention reviews before the Immigration Division within 48 hours, again within 7 days, and every 30 days thereafter. At these hearings, the ID member considers whether detention is still justified based on flight risk, danger to the public, or identity concerns. We can argue for release with conditions or alternatives to detention.