An admissibility hearing determines if a foreign national or permanent resident can stay in Canada. The Immigration Division (ID) reviews evidence and arguments from both sides, deciding whether the individual remains or faces removal. Appeals can be made to the Immigration Appeal Division (IAD), which reviews the case and makes a decision based on evidence and submissions.
- Individuals may be considered inadmissible to Canada due to factors identified during screening by the Canada Border Services Agency (CBSA) or Citizenship and Immigration Canada (IRCC):
- Failure to comply with the Immigration and Refugee Protection Act (IRPA)
- Posing a security threat, violating human or international rights, involvement in criminal activities or organized crime.
- Health conditions
- Financial reasons
- Accompanying an inadmissible family member.
Admissibility Hearing Process:
- Admissibility hearings are triggered by various scenarios such as criminal offenses, non-compliance with immigration rules, or providing false information.
- The process typically begins with a Notice to Appear issued by the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC).
- The IRB, an independent tribunal, oversees admissibility hearings through divisions like the Immigration Division (ID) and Immigration Appeal Division (IAD), ensuring fairness and impartiality.
The Admissibility Hearing Process involves:
Notice to Appear:
- Initiated by the CBSA, outlines allegations and grounds for inadmissibility.
Disclosure and Evidence:
- Both parties present evidence.
- CBSA or IRCC discloses evidence, and the individual responds to allegations.
Hearing Before the Immigration Division:
- Conducted by the Immigration Division (ID).
- Member of the IRB reviews evidence, hears submissions, and decides on admissibility.
Appeal to the Immigration Appeal Division:
- If found inadmissible by the ID, individuals may appeal to the Immigration Appeal Division (IAD).
- IAD reviews the case, considers new evidence, and assesses fairness of the decision.
Consequences of Admissibility Hearing Decision:
There may be two possible out come to the Admissibility Hearing.
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- A Positive decision: That means no further restriction on staying in Canada or entering Canada apply.
- Receive a Removal Orders to leave Canada: If all avenues of appeal are exhausted, a removal order may be issued (3 Types of removal orders):
Departure Order:
- Requires leaving Canada within 30 days.
- Departure confirmed with CBSA at the port of exit.
- Failure to depart results in automatic conversion to a Deportation Order.
Exclusion Order:
- Prohibits return for one year.
- Authorization to Return to Canada (ARC) required within the timeframe.
- Misrepresentation extends prohibition to five years.
- Mandatory repayment of removal costs if covered by CBSA.
Deportation Order:
- Imposes permanent bar on return unless ARC is successfully applied for.
- Mandatory repayment of removal costs covered by CBSA.
- Understanding distinctions crucial for individuals in removal proceedings.
Judicial Review before the Federal Court
- Individual can appeal the decision of Immigration Appeal Division (IAD) through a Judicial Review before the Federal Court. This ensures that decisions are subject to scrutiny for procedural fairness and legal correctness.
FAQs
What happens during an admissibility hearing?
During the hearing, evidence and arguments are presented by both the individual facing allegations of inadmissibility and the Minister's representative.
If a removal order is issued after an admissibility hearing, what recourse does the individual have?
The individual may have the right to challenge the decision by filing an appeal to the Immigration Appeal Division (IAD) of the IRB within a specified timeframe.
What are the potential outcomes of an admissibility hearing in Canada?
An admissibility hearing, convened by the Immigration Division (ID) of the IRB, determines whether an individual may enter or remain in Canada when the CBSA or IRCC suspects inadmissibility. The ID member reviews evidence from both sides and decides if the allegations are founded. If founded, a removal order is issued; if not, the individual is permitted to enter or stay in Canada.
When Admissibility Hearing occur?
Individuals may require Admissibility Hearing lawyers in two situations: when attempting to enter Canada and being deemed inadmissible by the CBSA, or when already in Canada and suspected of inadmissibility due to various reasons like non-compliance with IRPA, security threats, or health conditions.
Can individuals be detained before an admissibility hearing?
Immigration authorities may detain individuals if there's a risk of non-attendance or posing a risk to Canadians. Detention may also occur if individuals cannot prove their identity or if there are suspicions of falsified documentation.
Who has the Burden of proof in an admissibility hearing?
In an admissibility hearing, the burden of proof lies with the Immigration Minister's Counsel, who must prove that the individual is not admissible to Canada. This entails showing, on the balance of probabilities, that the person is not admissible, leading to deportation if proven.
What should you do if your application for permanent residence is rejected due to misrepresentation?
If your application for permanent residence is rejected due to misrepresentation, the consequences may include a removal order and deportation from Canada. You can challenge the removal order or appealing the decision. During the appeal process, factors such as establishment in Canada, remorse, community support, rehabilitation, and the seriousness of the offense may be considered.
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