What happens if you are referred to an Admissibility Hearing?
You may be ordered to appear before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB) for an admissibility hearing. This happens when the Canada Border Services Agency (CBSA) has reason to believe that you should not enter or remain in Canada. The IRB is independent of the CBSA. A member (decision-maker) of the ID will then decide if you are admissible. Being admissible means you may enter or stay in Canada. Being inadmissible means you cannot enter Canada and must leave if you are already in the country.
Preparing for an Admissibility Hearing?
Who can help you?
Decision on your admissibility or inadmissibility is a serious matter. Although you can represent yourself in your hearing, you may want to hire counsel to help you. One of your options is to hire a Regulated Canadian Immigration Consultant (RCIC) as your counsel. If you decide to hire counsel, you should do so as soon as possible.
You may choose to give evidence at your admissibility hearing. Copies of documents must be provided to CBSA and the Immigration Division at least five (5) days before your hearing.
You may call witnesses at your admissibility hearing. You must give a list of witnesses that you plan to call to CBSA and the Immigration Division. This list must be given at least five (5) days before your hearing.
What to expect at an Admissibility Hearing?
The ID member (decision-maker) is in charge of the hearing. If you do not understand French or English, an interpreter will be at the hearing to translate for you.
Evidence and Submissions
The CBSA representative will explain why the CBSA believes you should not be allowed to enter or remain in Canada. You may be called as a witness and asked questions. The CBSA representative, your own counsel and the member can all ask you questions.
You or your counsel will then be asked to respond, to explain your story and to ask questions. If there are witnesses to give information, the CBSA representative, you, your counsel, or the member may all ask them questions.
Possible Outcomes of your Hearing
After hearing from both sides, the member will make their decision. The member’s decision will be either that you are allowed to enter or remain in Canada or that you must leave Canada because you are inadmissible. The member will usually give his or her decision and reasons at the end of the hearing. If not, the IRB will send you a copy of the decision and the reasons by mail shortly after the hearing.
What happens if the member decides that you may enter or remain in Canada?
If the member determines that you are allowed to enter or remain in Canada, you will be permitted to do so.
What happens if the member decides that you may not enter or remain in Canada?
If the member decides that you may not enter or remain in Canada (that you are inadmissible), he or she will issue a removal order. There are three types of removal orders. The reason why you are found inadmissible will determine which removal order applies.
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