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
- 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.
- 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
| Ground | IRPA Section | Evidentiary Standard / Test | Key Features |
|---|---|---|---|
| Security / Espionage | IRPA s. 34 | Reasonable Grounds to Believe | Subversion, terrorism, or violence against democratic institutions. |
| Human Rights Violations | IRPA s. 35 | Reasonable Grounds to Believe | War crimes, crimes against humanity, or senior officials in designated regimes. |
| Serious Criminality | IRPA s. 36(1) | Balance of Probabilities | Crimes punishable by 10+ years imprisonment or sentences of 6+ months. |
| Criminality | IRPA s. 36(2) | Balance of Probabilities | Indictable offences or multiple summary convictions inside/outside Canada. |
| Organized Criminality | IRPA s. 37 | Reasonable Grounds to Believe | Membership or participation in transnational criminal organizations. |
| Misrepresentation | IRPA s. 40 | Balance of Probabilities | Withholding or misrepresenting material facts that induce an error. (Triggers a 5-year bar) |
Admissibility Hearing Step-by-Step Procedure
Immigration Admissibility Hearing Process
| Step | Stage | Details |
|---|---|---|
| 1 | Intake & Disclosure Phase | CBSA counsel and the person concerned exchange relevant documentary evidence, such as conviction records, interview transcripts, and CBSA officer notes. |
| 2 | Opening Statements & Minister’s Case | CBSA presents its case and supporting evidence to establish the alleged inadmissibility, which may include witness testimony or certified court records. |
| 3 | Respondent’s Defence & Cross-Examination | The person concerned or their counsel may cross-examine witnesses, submit supporting evidence, and provide oral testimony. |
| 4 | Adjudication & Final Order | The 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
