Inadmissibility In Canada

Under the immigration laws of Canada, if the Canadian Border Services Agency (CBSA) has reason to believe that you should not enter or remain in Canada, you may be ordered to appear at an immigration admissibility hearing before the Immigration Division of the IRB. A member of the Immigration Division will then decide whether you are admissible, i.e. whether or not you may enter or remain in Canada.

If you are a foreign national or a permanent resident of Canada, you may not be allowed to enter or remain in Canada for various reasons including:

• You have not complied with Canada’s immigration laws
• You are a security threat
• You have violated human or international rights
• You have been involved in crime or organized crime
• You have presented false information about yourself
• You have a health condition (in some cases)
• You are unable to support yourself financially
• You are a close relative of someone who is inadmissible (in some cases)

If any of these categories apply to you, you may be asked to appear at an admissibility hearing.

A member of the Immigration and Refugee Board presides over the hearing. If you have an interpreter, the member will check to make sure you understand each other.

A lawyer representing the Minister will be present and will explain why CBSA believes you should not be allowed to enter or remain in Canada. You or your lawyer will have a chance to respond, to explain your story and to ask questions.

The member may ask you questions through out the hearing.

After hearing from both sides, the member will make a decision about whether you should be allowed to enter or remain in Canada, or whether you must leave Canada because you are inadmissible.

Usually, the member will state the decision and the reasons for the decision at the end of the hearing. If not, the IRB will mail you a copy of the decision and the reasons after the hearing.

If the member decides that you are admissible, you will be allowed to enter or remain in Canada. If you are in detention, the member will order your release.

However, if the member deems you are inadmissible, he or she will issue a removal order to allow CBSA to remove you from Canada. If you are in detention, the member may order that you must remain in detention until your removal.

In some cases, you may be able to appeal a removal order to the Immigration Appeal Division (IAD) of the IRB. The IAD may accept your appeal and cancel the removal order, or it may put the removal order on hold for a certain period of time.

However, if you have been convicted of a crime with a sentence of two years or more, or if you are a security threat, you are not allowed to appeal to the IAD.

You can ask for permission from the Federal Court of Canada to judicially review the decision.