Admissibility Hearings are conducted by the Immigration Division. The Canadian Border Service Agency (CBSA) conducts interviews to review your official documents and the items you are bringing when you enter Canada.
If the CBSA finds an issue, then you may be ordered to appear for an admissibility hearing before the Immigration Division.
It is crucial that you consult an immigration litigation lawyer as an admissibility hearing represents the last opportunity to challenge the allegation of inadmissibility to Canada.
You have the right to legal representation.
A member of the Immigration Division will determine whether you will be allowed to enter Canada or be ordered to leave.
What Makes You Inadmissible to Remain in Canada?
If the following allegations are found valid, then you will be deemed inadmissible to remain in Canada:
- Inadmissible Family Member, for example, you are accompanied by a family member that has been deemed inadmissible to enter Canada
- Non-Compliance with the Immigration and Refugee Protection Act (IRPA), for example, you are discovered working without proper authorization
- Serious Criminality and Criminality, for example, you have committed a crime that is punishable with an imprisonment term of more than 6 months up to 10 years
- Organized Criminality, for example, you have committed extortion, contract killing, 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 have been convicted of Crimes Against Humanity and/or War Crimes
What is the Process for Admissibility Hearings?
If you try to enter Canada and is found inadmissible by the CBSA, the following process will occur:
- Your case is presented to the Immigration Division for an admissibility hearing
- You have to attend the hearing and present before an Immigration Division member
- The final decision is made by the Immigration Division member
- Either you are allowed to enter or remain in Canada, or the Immigration and Refugee Board (IRB) issues a removal or departure order
What are the Possible Outcomes of an Inadmissibility Hearing?
After the hearing, the Immigration Division member decides whether or not you should be allowed to enter or remain in Canada.
If the Immigration Division member decides you are admissible, then you are allowed to enter or remain in Canada. If you were held in detention, then the member will order your release.
If the Immigration Division member decides that you are inadmissible, you will be issued a removal order. If you are being held in detention, then the member may continue your detention until your removal.
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?
With over a decade of helping people from over 120 countries on Canadian immigration matters and litigation.
You can judge for yourself the reputation of our immigration law firm.
Just Google, “My Visa Source Toronto” or “My Visa Source Vancouver” and read some of our combined 800+ reviews.
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.
There are strict time frames involved, so contact us immediately through our online assessment, it takes less than a minute to complete.
Or simply pick up your mobile phone and call us now at any of these numbers:
Vancouver at 604-800-1681
Toronto at 416-900-1044
Toll-Free at: 1-888-509-1987
We're open 6am-9pm PST & EST, 7 days a week and are ready for in person, phone, and video consultations.