If the Canada Border Services Agency (CBSA) believes there's a reason you do not have the right to be in Canada, you may be ordered to appear for an admissibility hearing. Admissibility hearings are held before the Immigration Division of the Immigration and Refugee Board of Canada (IRB).
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The
IRB's role in admissibility hearings
The
IRB is independent of the
CBSA. A member of the Immigration Division will decide if you're inadmissible. If you're inadmissible, you'll be ordered to leave Canada. If you're in another country, you will not be allowed to enter Canada. However, you may still have options that could allow you to stay or enter.
You should know: The person in charge at your hearing is the
Immigration Division member, also called
the member.
You should know: Following your hearing, the member's decision will be either that the
CBSA is correct, and you
are inadmissible, or that the
CBSA is incorrect, and you
are not inadmissible.
What happens after you have been ordered to appear for an admissibility hearing
Before the hearing, the
CBSA will send you a package of documents outlining why they believe you're inadmissible. This package will include documents they want the Immigration Division to consider at your hearing.
You'll receive a notice from the Immigration Division with details about the date and time of your admissibility hearing. This is your Notice to Appear. Read this notice carefully.
You should know: All
IRB hearings are scheduled as virtual hearings. If you do not have a suitable place, the right technology or you have concerns about participating virtually, you can connect from an IRB office using an IRB computer or you can request an in-person hearing.
To learn more and find instructions for making requests, please consult the Immigration Division section in
Request a virtual hearing at an IRB office or an in-person hearing.
Preparing for an admissibility hearing
Interpretation
If you would like to have an interpreter in your own language at the hearing, tell the Immigration Division right away. We can provide an interpreter to translate for you at your hearing. Your Notice to Appear includes contact information and
important instructions on interpreters.
Representation at an admissibility hearing
Although you can represent yourself at your hearing, you can also choose to hire counsel. Counsel can be a lawyer or a registered immigration consultant. In Quebec, counsel can also be a notary. You are responsible for paying your counsel.
If you do not have enough money to pay for counsel, you may be able to get free legal help. Some provinces and territories offer free legal aid to people who are eligible. Some community or religious organizations may also be able to help. A friend or family member may also act as counsel if they're not receiving payment for their help.
If you decide to hire counsel or to have someone else help you, you should arrange this as soon as possible. You can ask the Immigration Division for more time to find counsel, but the Immigration Division may decide you have to proceed without counsel if you haven't planned for representation in a reasonable amount of time. Your Notice to Appear includes contact information and
important instructions on counsel.
Find a list of legal aid offices
Evidence
You may choose to give evidence at your admissibility hearing. Evidence can be documents you provide, or oral testimony you or other witnesses provide at the hearing.
Copies of documents must be provided to the
CBSA and the Immigration Division at least 5 days before your hearing and must be in either English or French. The
CBSA must also send you a copy of the evidence they want to use at your admissibility hearing.
To learn more about how to prepare and present documents, see
Rules that Apply to Both Admissibility Hearings and Detention Reviews.
Witnesses
You may invite witnesses to speak at your admissibility hearing. You must tell both the Immigration Division and the
CBSA about any witnesses at least 5 days before the hearing. Your Notice to Appear includes contact information and
important instructions on witnesses.
To learn more about the rules for witnesses, see
Rules that Apply to Both Admissibility Hearings and Detention Reviews.
Pre-hearing conference
The Immigration Division may schedule a pre-hearing conference to get additional information and discuss your case.
What happens at an admissibility hearing
- The Immigration Division member is in charge of the hearing. The member will start by introducing everyone and explaining what's going to happen. If you have requested an interpreter, the member will check that you and the interpreter understand each other.
- After the introductions, each side will take turns presenting its case to the member. You may be called as a witness and asked questions. The
CBSA representative, your own counsel and the member can all ask you questions.
- A
CBSA representative will explain to the member why the
CBSA believes you're inadmissible to Canada. The
CBSA has the “burden of proof”. The
CBSA must demonstrate that you're inadmissible to Canada.
- You or your counsel will then be asked to respond. If you disagree with the
CBSA's position, you or your counsel can explain why.
-
CBSA will then be allowed to reply to what you or your counsel said.
- If there are witnesses to give information, the
CBSA representative, you, your counsel, or the member may ask them questions.
When you will receive a decision
After hearing from both sides, the member will make their decision. The member's decision will be either that the
CBSA is correct, and you
are inadmissible, or that the
CBSA is incorrect, and you
are not inadmissible. The member will usually give their decision and reasons at the end of the hearing. If not, the
IRB will send you a copy of the decision and the reasons by mail after the hearing.
What happens if the member decides you are not inadmissible
If the member decides that
you are not inadmissible, you will receive a favourable decision. You may be allowed to enter Canada or stay here for a period of time. The
CBSA may appeal this decision to a separate division of the
IRB, the Immigration Appeal Division (IAD). If the
CBSA does this, you will be informed and you will be able to participate at the IAD hearing.
What happens if the member decides that you are inadmissible
If the member decides that
you are inadmissible, you will receive a removal order. There are 3 types of removal orders:
- Departure Orders
- Exclusion Orders
- Deportation Orders
Which type of removal order you receive depends on why you're inadmissible.
Learn more about
Removal from Canada and removal orders.
A removal order says that you must leave Canada, but you may still have other options that would allow you to stay. You may have the right to appeal to the IAD, or you can file an application at the Federal Court challenging the Immigration Division's decision. You may wish to get legal advice about how to do this, and you must file either application quickly.
To learn more
This information is based on Canada's
Immigration and Refugee Protection Act,
Immigration and Refugee Protection Regulations, the
Immigration Division Rules, and Chairperson's Guideline 2 (Detention). You may wish to consult these documents for more details.