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 or are 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 custom 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, then a report will be made by the CBSA officers detailing the reasons for your inadmissibility.
This report is sent to the Immigration and Refugee Board (IRB) who decides 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 and Criminality
- Organized Criminality
- Security Ground Human or International Rights Violations
If you are detained, then 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, then you may be required to follow certain conditions until you are removed from Canada or those conditions will be changed or cancelled.
If you wish to change or cancel these conditions, then 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?
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).
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Why Contact My Visa Source?
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