The Immigration Division is 1 of the 4 divisions of the Immigration and Refugee Board (IRB). The Immigration Division conducts 2 types of hearings:
- Admissibility hearings for people considered to be inadmissible or removable from Canada
- Detention reviews to review the status of those being detained under the Immigration and Refugee Protection Act (IRPA)
The need for Admissibility hearings occur if you are trying to enter Canada, is deemed inadmissible or if you are in Canada and are removable due to alleged inadmissibility.
Detention reviews are conducted when you are detained under the Immigration and Refugee Protection Act (IRPA).
What Do You Need to Know About Admissibility Hearings?
The Canada Border Service Agency (CBSA) is a government agency responsible for border and immigration enforcement and customs services.
The CBSA conducts interviews at the port of entry.
These interviews are conducted in 2 parts to review your official documents and check the items you are bringing with you.
If an issue occurs and you are found inadmissible, a report will be made by the CBSA officers detailing the reasons for your inadmissibility.
This report is then sent to the Immigration and Refugee Board (IRB) who will decide if the report is valid.
If it is found valid, then you may be issued a removal order or be referred to the Immigration Division for an admissibility hearing.
What are all the Grounds of Inadmissibility?
The admissibility hearing decides if you have the right to enter or remain in Canada. You may be denied admissibility on the following grounds:
- Medical Inadmissibility, for example, you are discovered to have posed a serious public health risk
- Financial Inadmissibility, for example, you are unable to prove that you have enough funds to support your stay in Canada
- Inadmissible Family Member, for example, you are accompanying someone who has been deemed inadmissible to Canada
- Rehabilitation, for example, you are unable to satisfy an immigration officer that you are not likely to become involved in any new criminal activity
- Misrepresentation, for example, you are discovered providing false or misleading information
- Non-Compliance with the Laws and Regulations of the IRPA, for example, you are discovered working without proper authorization, etc
- Serious Criminality and Criminality, for example, you have committed a crime that is punishable with an imprisonment term of 6 months up to 10 years
- Organized Criminality, for example, you are guilty of crimes such as smuggling, prostitution, etc
- Security Grounds, for example, you are found guilty of espionage, subversion (attempts to overthrow a government, etc.), violence or terrorism
- Human or International Rights Violations, for example, you are convicted of Crimes Against Humanity and/or War Crimes
What Do You Need to Know About Detention Review Hearings?
CBSA officials may detain you for the following reasons:
- Non-compliance with Laws and Regulations set forth in the Immigration and Refugee Protection Act (IRPA)
- Serious Criminality or Criminality
- Organized Criminality
- Security Ground Human or International Rights Violations
If you are detained, you can either be held in provincial correctional facilities or in designated minimum security facilities for immigration detainees.
The Immigration Division conducts detention reviews for those detained for immigration purposes.
The IRPA has set forth certain time durations for detention reviews. A member of the Immigration Division, known as the decision-maker decides if you will be released from detention or not.
If you are released from detention, you may be required to follow certain conditions until you are removed from Canada or those conditions will be changed or canceled.
If you wish to change or cancel these conditions, you are required to write a letter to the Immigration Division and provide a valid reason for your request. You are also required to send a copy of the letter to the CBSA.
Why is it Necessary to Seek Legal Representation?
Has your Canadian immigration application been rejected? Have you been refused entry to Canada or is it much worse?
Treated unfairly by the Canada Border Services Agency (CBSA) or the Immigration, Refugees and Citizenship Canada (IRCC), by a tribunal or by an immigration officer?
Distressed over your situation? Is a family member involved?
There can be hope for almost every negative situation on an immigration-related decision.
Your current outcome is not definitive, it can be challenged.
Under Canadian immigration laws, almost all refused applicants have the right to seek judicial review of their immigration challenges. Most foreign nationals, permanent residents and most sponsors also have rights to appeal their cases.
At My Visa Source, our experienced immigration litigation lawyers have successfully represented our clients in front of The Federal Court and the four divisions of the Immigration and Refugee Board (IRB).
Immigration is a complex process that requires strong legal strategy, precise paperwork and perfect attention to detail and experience dealing with immigration officials and government departments, reducing the risk of wasted time, money or permanent rejection.
We take on cases with regular circumstances to ones that are very complex. Our processes have been honed to streamlined efficiency over a decade with a team who are happy, experienced, understanding, patient, cooperative, careful, neat, thorough and easy to work with. Communication with our clients is one of the keys to our success.
Why Contact My Visa Source?
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Contact us and let our immigration litigation lawyers quickly find out about every detail and sequence involving your situation, so that we can move forward on your behalf.
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