An Admissibility Hearing is a formal, quasi-judicial proceeding conducted by the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB).

Governed by Part 1, Division 4 of the Immigration and Refugee Protection Act (IRPA), these proceedings determine whether a foreign national or permanent resident is legally inadmissible to Canada—and if so, whether a mandatory removal order must be issued.

The Section 44 Referral Process

Admissibility proceedings follow a strict statutory sequence under IRPA Section 44:

CBSA / IRCC INADMISSIBILITY INVESTIGATION

  • IRPA s. 44(1) INADMISSIBILITY REPORT ISSUED
  • IRPA s. 44(2) MINISTER’S DELEGATE REVIEW
Overview

Report Cancelled / Warned

  • File closed or departure agreed

Referred To Irb-Id

  • Notice to Appear issued for Admissibility Hearing
  1. IRPA s. 44(1) Report: An officer from the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) who believes a foreign national or permanent resident in Canada is inadmissible prepares a formal s. 44(1) report.
  2. Minister’s Delegate Review (IRPA s. 44(2)): The report is submitted to a Minister’s Delegate. If the Delegate finds the report well-founded, they either issue a simple removal order (for minor non-compliance) or formally refer the report to the IRB Immigration Division for a full hearing.

Common Inadmissibility Grounds & Standards of Proof

GroundIRPA SectionEvidentiary Standard / TestKey Features
Security / EspionageIRPA s. 34Reasonable Grounds to BelieveSubversion, terrorism, or violence against democratic institutions.
Human Rights ViolationsIRPA s. 35Reasonable Grounds to BelieveWar crimes, crimes against humanity, or senior officials in designated regimes.
Serious CriminalityIRPA s. 36(1)Balance of ProbabilitiesCrimes punishable by 10+ years imprisonment or sentences of 6+ months.
CriminalityIRPA s. 36(2)Balance of ProbabilitiesIndictable offences or multiple summary convictions inside/outside Canada.
Organized CriminalityIRPA s. 37Reasonable Grounds to BelieveMembership or participation in transnational criminal organizations.
MisrepresentationIRPA s. 40Balance of ProbabilitiesWithholding or misrepresenting material facts that induce an error. (Triggers a 5-year bar)

Admissibility Hearing Step-by-Step Procedure

Immigration Admissibility Hearing Process

StepStageDetails
1Intake & Disclosure PhaseCBSA counsel and the person concerned exchange relevant documentary evidence, such as conviction records, interview transcripts, and CBSA officer notes.
2Opening Statements & Minister’s CaseCBSA presents its case and supporting evidence to establish the alleged inadmissibility, which may include witness testimony or certified court records.
3Respondent’s Defence & Cross-ExaminationThe person concerned or their counsel may cross-examine witnesses, submit supporting evidence, and provide oral testimony.
4Adjudication & Final OrderThe IRB Member issues an oral or written decision. If inadmissibility is not established, the report does not result in a removal order. If established, the applicable Departure, Exclusion, or Deportation Order may be issued.

Appellate Avenues & Review Limits

Following an adverse finding at an Admissibility Hearing, available legal remedies depend strictly on the status of the individual and the underlying ground of inadmissibility:

ADMISSIBILITY HEARING REFUSAL

Eligible For Iad Appeal

  • Permanent Residents (general) Protected Persons / Convention Refugees Foreign Nationals (Spousal sponsorship) [ IMMIGRATION APPEAL DIVISION ] Appeals on law, fact, or Humanitarian & Compassionate (H&C) grounds

Barred From Iad Appeal

  • Serious Criminality (s. 36(1) with 6+ mo prison) Security (s. 34), Human Rights (s. 35), Organized Crime (s. 37) [ FEDERAL COURT JUDICIAL REVIEW ] Apply for Leave & Judicial Review within 15 days (In-Canada) on legal/fairness grounds

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