GLOBE IMMIGRATION

An admissibility hearing is a critical process that determines your eligibility to enter or remain in Canada as a permanent resident or foreign national. These hearings, overseen by the Immigration Division (ID) of the Immigration and Refugee Board (IRB), are initiated for various reasons, including criminal convictions, membership in criminal organizations, human rights violations, security risks, misrepresentation in immigration applications, or failure to comply with immigration laws under the Immigration and Refugee Protection Act (IRPA).

Foreign National Considerations

It’s important to note that foreign nationals may not always receive admissibility hearings and could face immediate removal orders. Seeking legal assistance promptly in such situations is crucial.

Criminal Convictions and Hearings

Admissibility hearings may be triggered by serious criminal convictions, including sentences of six months or more in prison, or offences with maximum sentences of 10 years or more, irrespective of actual sentence duration. Membership in organized crime or certain other criminal activities can also lead to such hearings.

Process Initiation

The process typically starts with the Canadian Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) sending a Request for Admissibility Hearing and a Report on Inadmissibility outlining the grounds for your inadmissibility. Subsequently, the Immigration Division schedules a hearing and issues a Notice to Appear.

Importance of Legal Assistance

Given the potential consequences of admissibility hearings, such as deportation or denial of entry into Canada, seeking legal guidance is paramount. Our team of associates and immigration consultants, registered with the College of Immigration and Citizenship Consultants (CICC), can provide the expertise and support needed to navigate these complex proceedings. Reach out to us for comprehensive assistance and guidance.