Admissibility Hearings

What Happens If You Receive A Report Under Subsection 44(1)?

In many instances, a person may receive a report under Subsection 44(1) with allegations for committing a violation under the provisions of Immigration and Refugee Protection Act (IRPA). On receipt of such report, you would be required to appear before the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for hearing.

What are the Legal Implications of Receiving the Report Under Subsection 44(1)?

In the hearing, if the Immigration Division determines that the allegations are well-founded in the Report under Subsection 44(1), you may need to exit Canada. Some of the allegations listed in the reports can be:

  • Failure to comply with IRPA and its guidelines
  • Be identified as a security threat
  • Identified to have violated international or human rights
  • Identified to be engaged in organized crime or other crimes
  • Found to be engaged in misrepresentation of facts
  • Accompanying an inadmissible family member

What Do You Do When You Have Admissibility Hearing Scheduled?

A Canada Border Services Agency (CBSA) officer requests the ID to hold an admissibility hearing for a person. They also provide all the supporting documentation to the ID. The CBSA appears at the hearing to defend their allegations and seek for the issuance of a Removal Order.

The ID examines the evidence, and the documentation of both the parties including the CBSA and the person in receipt of the Report and makes its decision.

The Report is dismissed if the allegations are found to have no reasonable basis. In the event of the allegations being well-founded, a Removal Order is issued to the person who received the Report.

We can Help

The well-informed immigration lawyers and consultants at Nanda & Associate Lawyers will assist you if you have received a notice of an Admissibility Hearing. Connect with us to discuss the options available to you. We will impart sound legal advice to help you on the path to a better and safer future for you.

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