What is admissibility hearing?
When a permanent resident (PR) or temporary resident in Canada is believed to be inadmissible, they may have to attend a hearing at the Immigration and Refugee Board (IRB). The hearing will determine whether they are inadmissible or not. This is called an admissibility hearing.
Note that an admissibility hearing is not always inevitable. Sometimes, people may have already been found inadmissible. In such cases, they will receive a removal order.
What is admissibility?
Generally speaking, when one wants to come to Canada either as a PR or temporary resident, they must be admissible. They must also remain admissible while in Canada. Otherwise, they may either be denied entry or ordered to leave.
There are a number of grounds that may cause people inadmissible. The most common grounds are criminality, medical reasons, financial reasons, misrepresentation, and breach of immigration law.
Note that any single ground will be enough to make people inadmissible. In other words, if you want to immigrate to Canada, you must not present any of the above grounds.
When must I attend an admissibility hearing?
First of all, it is always the Canadian immigration authorities who initiate the admissibility hearing. They do so when they believe you may be inadmissible but cannot make a determination either because of the complication of your case or the lack of legal authorization.
When this happens, you will receive an order that requires you to attend the hearing. You must attend the hearing otherwise you will lose your chance to defend yourself.
Note that you may receive such an order when you are either in Canada or entering Canada. If the latter is your case, you may be allowed to enter and temporarily remain in Canada until a final decision is made at the hearing. There may be conditions on your order too.
The Immigration Division (ID) of the IRB will conduct admissibility hearings.
What is an admissibility hearing like?
Firstly, it is similar to a hearing in court. A panel which usually consists of one decision maker will hear the matter in person.
Secondly, you must attend the hearing. If you have a representative, they must also attend. The hearing is usually public. We can also represent you at the hearing.
Thirdly, the Canadian immigration authority’s lawyer, also known as the Minister’s Counsel, will also attend the hearing.
At the hearing, both your lawyer and Minister’s Counsel will ask you questions about your case. You may also give statements and evidence including witnesses at the hearing. If you do not have a lawyer, the decision maker will ask you questions instead.
Note that it is the Minister’s Counsel who must prove you are inadmissible. However, it is advisable that you also present evidence proving you are admissible.
What are the possible outcomes of an admissibility hearing?
After the hearing, the ID may determine you are not inadmissible. Then you will be able to remain in Canada with the appropriate status.
The ID may also find that you are inadmissible, and issue you a removal order.
What if I receive a removal order after the admissibility hearing?
If you receive a removal order, you may be eligible to appeal it to the Immigration Appeal Division (IAD) of the IRB. The IAD will determine whether the removal order was issued correctly.
However, you must have the right to appeal. Generally speaking, you have the right to appeal if you are a PR, refugee, protected person, or person with a PR visa. If you are a temporary resident, you do not have the right to appeal.
Further, you do not have the right to appeal if you are inadmissible due to one of the following reasons:
Note that if you have serious criminality in Canada, you have the right to appeal where your jail time is less than 6 months.
If you can’t determine whether you have the right to appeal, we can help you. To learn more about Removal Order Appeal, please visit our Service Page.
What if I cannot appeal the removal order?
If you cannot appeal the removal order, it may still be subject to Judicial Review (JR) if it has an error of law or fact. Note that JR is not available for everyone. After you successfully file an application for JR, your removal order will be temporarily suspended until the outcome of your JR.
Note that appeal is not the only solution for a removal order. There are solutions to address certain grounds of inadmissibility, such as humanitarian and compassionate and criminal rehabilitation.
If there are no solutions available, and you do not have the right to appeal, you must follow the instructions to leave Canada.
If you are unsure about how to proceed, we can help you.
Removal and LGBT immigration
Many LGBTQ people wish to move to and stay in Canada. They will want to become PRs.
However, some LGBTQ individuals may become inadmissible while living in Canada for various reasons. If you are in this situation and need to attend an admissibility hearing, you should prepare it well.
Note that if you could apply for Canadian citizenship, it is advisable to do so. Citizens cannot be found inadmissible and ordered to leave Canada.
Book a consultation today, we can help you with your questions.
What do we do?
We work with LGBTQ people and help with their journey to Canada. At LegalRoots, client experience is what we care about. We also create a safe and friendly place for those who wish to discuss their matters with us freely.
Book an initial assessment today or contact us directly.
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