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Admissibility Hearings
About inadmissibility
When a foreign national or a permanent resident of Canada is declared inadmissible, it means that he or she cannot enter Canada or are ordered to leave Canada.
You can be found inadmissible for a variety of reasons:
You can be found inadmissible for a variety of reasons:
- security reasons (including espionage, terrorism, attempts to overthrow a government, or membership in the organizations involved in such actions)
- human or international rights violations (including war crimes, crimes against humanity, being a senior official in the government involved in such actions, or if you are subject to international sanctions)
- criminality (including driving under the influence of alcohol and drugs)
- organized criminality
- medical reasons
- financial reasons
- misrepresentation (not being truthful and/or withholding information from immigration officials)
- failure to comply with a provision of IRPA (including permanent residents not meeting the residency obligation or staying in Canada illegally)
- having an inadmissible family member.
Admissibility hearings
Admissibility hearings are held by Immigration Division (ID) of the Immigration and Refugee Board (IRB), which is a quasi-judicial tribunal.
Not everyone is referred to an admissibility hearing at the Immigration Division. For example, foreign nationals are declared inadmissible while staying in their home countries.
At the end of the admissibility hearing, if the member of the tribunal decides that you are inadmisible, they will issue a removal order.
Not everyone is referred to an admissibility hearing at the Immigration Division. For example, foreign nationals are declared inadmissible while staying in their home countries.
At the end of the admissibility hearing, if the member of the tribunal decides that you are inadmisible, they will issue a removal order.
Appealing a negative admissibility decision
If you have received a negative decision on inadmissibility from the Immigration Division, you will be issued a removal order.
You may appeal this removal order in the Immigration Appeal Division of the IRB only if you are a permanent resident, a foreign national with a permanent resident visa, a Convention Refugee or a Protected Person.
You have no right of appeal, if you have been found inadmissible on one of the following grounds:
If you have been declared inadmissible while being abroad as a foreign national and still need to come to Canada, you apply for what is known as Temporary Resident Permit.
If you have been found inadmissible as a foreign national abroad, we can also appeal this decision in the Federal Court of Canada through the process of judicial review.
You may appeal this removal order in the Immigration Appeal Division of the IRB only if you are a permanent resident, a foreign national with a permanent resident visa, a Convention Refugee or a Protected Person.
You have no right of appeal, if you have been found inadmissible on one of the following grounds:
- serious criminality
- organized crime
- security grounds
- violations of human or international rights.
If you have been declared inadmissible while being abroad as a foreign national and still need to come to Canada, you apply for what is known as Temporary Resident Permit.
If you have been found inadmissible as a foreign national abroad, we can also appeal this decision in the Federal Court of Canada through the process of judicial review.
How we can help you with an admissibility hearing
To help you increase your chances at an admissibility hearing, we will:
- Analyze why you were declared inadmissible and assess your chances for a positive admissibility decision
- Become your counsel of record and represent you for your legal matters;
- Maintain all correspondence with the Immigration Division of the IRB and the Minister
- Develop a case strategy
- Advise you on the supporting documents to strengthen your admissibility hearing
- Represent you at the admissibility hearing at the Immigration Division
- File an appeal of the removal order in the event of the negative decision
- Follow up your case until it is resolved.
Contact
4981 Bathurst St., Toronto, ON, M2R 1Y5, Canada
Vitaliy consults online — Zoom, Skype, WhatsApp etc.
Vitaliy consults after 7 PM EST and on the weekend.
Paid consultation options: 15 minutes, 30 minutes, and 1 hour.
Book your consultation in advance.
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