What is admissibility?
Generally speaking, each foreign national who wants to enter Canada must be admissible. This rule also applies to permanent residents.
This means when you are applying for immigration status, IRCC will examine your admissibility.
If you present inadmissible grounds, then you can’t enter.
Further, foreign nationals can also be found inadmissible while in Canada.
What is an Admissibility Hearing?
Usually, when people are in Canada and found inadmissible, they may receive a removal order from the Canada Border Services Agency (CBSA).
However, when the situations are complicated, the CBSA may need the Immigration and Refugee Board (IRB) to determine whether a removal order is justified.
Then, the IRB will hold a hearing.
In other words, the hearing determines whether a person is admissible.
Who can start an Admissibility Hearing?
Generally speaking, the CBSA refers cases to the IRB. Sometimes, IRCC may also start an Admissibility Hearing.
What is an Admissibility Hearing like?
Firstly, it is similar to a hearing in court. A panel that usually consists of one decision-maker will hear the case in person.
Secondly, the counsel of the CBSA or IRCC will attend the hearing. They also need to prove that you are inadmissible.
Thirdly, you need to attend the hearing. If you have a representative, they must also attend the hearing.
Further, you can give statements and evidence including witnesses to the panel.
what are the possible outcomes of an Admissibility Hearing?
There are two possible outcomes after the hearing:
The case is dismissed, and you are still admissible, or
The case is allowed, and you will receive a removal order.
Further, before the hearing, the CBSA may withdraw the case. This means you are still admissible as well.
What if I received a removal order?
If you received a removal order, you may appeal it. However, you must have the right to appeal.
Generally speaking, you can appeal the removal order if you are a:
On the other hand, you can’t appeal it if you are found inadmissible due to:
Security reasons,
Violation of human or international rights,
Serious criminality
Organized criminality, or
Misrepresentation.
However, you may still be eligible for other solutions to overcome the above issues. We can also help you find the solutions.
To learn more about Removal Order Appeal, please visit our Service Page.
What we do?
Firstly, we help LGBT people to immigrate to Canada, and we create a safe and friendly place for people with immigration needs.
Then, we personalize our services for you, which may include any of the following:
Conduct legal research,
Review the IRB file and supporting documents you may have,
Assist you in collecting or preserving the supporting documents,
if you are inadmissible, we help you to find the solution,
Interview witness, if applicable,
Provide other advice and instructions as needed, and
Act as your representative and attend the hearing.
Book an initial assessment today or contact us directly.
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