ADMISSIBILITY HEARING

The Immigration and Refugee Board of Canada (IRB) is an independent administrative tribunal that makes legally binding decisions-it is like a court, but less formal manner.

The IRB hears your case and decides whether you may enter or remain in Canada.

The Canada Border Services Agency (CBSA) is responsible for allowing people to enter Canada and for detaining and removing people from Canada who do not have the right to remain here.

Reason for inadmissible to Canada

If you are a foreign national or a permanent resident, you might not be allowed to enter or remain in Canada if you:
  • Have failed in some way to comply with Canada’s immigration law (IRPA)
  • Are a security threat
  • Have violated Human or international rights
  • Have been involved in crime or organized crime
  • Have misrepresented yourself, such as, by presenting false information
  • Have a health condition (in some cases)
  • Do not have enough money to support yourself financially, or
  • Are a close relative of someone who is inadmissible (in some cases)
If any one of above reasons for inadmissibility applies to you, you may be asked to appear at an immigration inadmissibility hearing.

What happens at an admissibility hearing?

The IRB member is in charge of the hearing. The member will start by introducing everyone and explaining what is about to happen to make sure you understand. If you have an interpreter, the member will check that you understand each other.

Minister’s counsel will explain why the CBSA believes you should not be allowed to enter or remain in Canada.

You or your counsel will have the opportunity to respond, to explain your story and to ask questions.

The member may ask you questions throughout the hearing.

If there are witnesses to present information, Minister’s counsel, you, your counsel or the member may ask them questions.

After hearing from both sides, the member will decide whether you should be allowed to enter or remain in Canada, or whether you must leave Canada because you are inadmissible. The member will usually state his or her decision and the reasons for this decision at the end of the hearing. If not, the IRB will send you a copy of the decision and the reasons in the mail shortly after the hearing.

Please contact us for further information.