What is an admissibility hearing and when does it happen
When you are in Canada and have been found inadmissible (such as criminal records, medical conditions, etc.), you may either receive a removal order or go to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for an admissibility hearing.
The admissibility hearing will decide whether your inadmissible grounds are true.
What is an admissibility hearing like
The admissibility hearing is similar to a hearing in court. A decision-maker will preside during the hearing.
You and your representative, if applicable, will need to attend the hearing. The opposing party, usually the Canada Border Service Agency (CBSA), or occasionally, Immigration, Refugees and Citizenship Canada (IRCC), will also attend.
You will have a chance to speak to the decision-maker, present your case, call witnesses, question evidence/witness, make submissions, etc.
Who must prove the case
The CBSA or IRCC is responsible for proving the case. You do not necessarily need to prove you are admissible. However, you may still want to provide evidence so that the decision-maker can better understand your situation.
Possible outcomes of an admissibility hearing
The decision-maker will dismiss the case if the CBSA or IRCC cannot prove it. This means you will not receive a removal order and can remain in Canada.
On the other hand, if the CBSA or IRCC proves their case, the decision-maker will issue you a removal order.
Appeal of a removal order
You may have a right to appeal the removal order to the Immigration Appeal Division (IAD) of the IRB. Your right of appeal is subject to additional requirements. You may find more information on our Removal Order Appeal service page.
Unfortunately, if you are a temporary resident in Canada, you do not have a right to appeal. However, you may challenge your inadmissible grounds by applying for a Temporary Resident Permit (TRP).
WHAT WE CAN DO TO HELP YOU
To successfully address your inadmissible grounds, you must know the Canadian immigration law and policies regarding those issues and demonstrate that you meet the requirements.
We personalize our services for you based on the information and circumstances of your case, which may include any of the followings:
1. Review your inadmissible ground(s),
2. Conduct legal research for case law that may be helpful for your case,
3. Review the IRB file and any supporting documents you may have,
4. Help you gather the evidence. If evidence is not available, we will provide you with advice as to how to preserve it,
5. Interview your witness(es) for the hearing, if applicable,
6. Provide other advice, legal opinions, and instructions as needed,
7. Act as your representative for the IRB procedure, including but not limited to communicate with the IRB, provide submissions, attend the hearing and any pre-hearing conferences, etc.
Book an appointment for an initial assessment today or contact us directly.
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