If CBSA has reason to believe that you should not enter Canada or remain in Canada, then you may be ordered to appear for an Admissibility hearing. For example, if you are in Canada there could be an allegation that you have allegedly breached the terms and conditions under which you could enter Canada. A Canadian immigration official will have to determine whether those allegations are true or not at an admissibility hearing. The decision of admissibility is made by a member at the Immigration Refugee Board (IRB) at an admissibility hearing.
Canadian immigration officers often make decisions concerning admissibility at the port of entry and in most of those cases there is no hearing.
Where a person in Canada, is alleged to be inadmissible, or has allegedly breached the terms and conditions under which they could be in Canada, an immigration official will have to determine whether those allegations are true. If the allegations are proven to be true you will be issued a removal order. In some cases, the removal order can be appealed.
In many instances, an immigration officer decides concerning admissibility after an interview, often at the airport or border, when the person tried to enter Canada. In these cases, there is no hearing.
Common reasons of inadmissibility
- Failure to comply with Canada’s immigration law (IRPA);
- Been involved in crime or organized crime;
- Security threat;
- Violated human or international rights;
- Misrepresentation of yourself-direct or indirect;
- Health condition;
- Financial support; or
- A close relative of yours is inadmissible.
Types of Removal Orders
- Departure Order
- You must leave Canada within 30 days after the order comes into effect. Before leaving, you must contact CBSA and get a certificate of departure as proof you are leaving Canada. If you do not do this in a departure order automatically becomes a deportation order.
- Deportation Order
- You must leave Canada immediately. In most cases, you can not return to Canada unless you get written permission- Authorization to Return from the Government of Canada.
- Exclusion Order
- You must leave Canada and can not return for one year unless you have written permission- Authorization to Return. You can be barred from returning to Canada for 5 years.
For more information on Admissibility Hearings, contact us today!