Admissibility Hearing Lawyer Brampton
An admissibility hearing determines whether a foreign national or permanent resident is legally permitted to remain in Canada, or whether they may be subject to a removal order. These hearings are typically initiated by the Canada Border Services Agency (CBSA) over concerns like criminality, misrepresentation, security issues, organized crime, medical inadmissibility, financial concerns, or non-compliance with immigration law. The Immigration Division reviews evidence from both sides and gives you the opportunity to respond to the allegations against you. Batra Law Offices represents individuals and families across Brampton and Ontario at every stage of the process, and can also assist if you’re being held pending a hearing at a Detention Review.
Who May Be Considered Inadmissible
The CBSA or IRCC may find someone inadmissible to Canada for reasons including:
- Failure to comply with the Immigration and Refugee Protection Act (IRPA)
- Posing a security threat, or involvement in human/international rights violations, criminal activity, or organized crime
- Health conditions
- Financial reasons
- Accompanying a family member who is themselves inadmissible
The Admissibility Hearing Process
Admissibility hearings can be triggered by a range of scenarios, including criminal offences, non-compliance with immigration rules, or providing false information. The process begins with a Notice to Appear issued by CBSA or IRCC, which sets out the allegations and grounds for inadmissibility. Both sides then present evidence: CBSA or IRCC discloses its case, and you have the opportunity to respond to each allegation directly.
The hearing itself takes place before the Immigration Division (ID), an independent tribunal within the Immigration and Refugee Board (IRB). An ID member reviews the evidence, hears submissions from both sides, and decides on admissibility. If the ID finds you inadmissible, you may be able to appeal to the Immigration Appeal Division (IAD), which reviews the case, considers any new evidence, and assesses whether the original decision was fair.
Possible Outcomes
An admissibility hearing generally ends in one of two outcomes:
- A positive decision — no further restriction on staying in or entering Canada applies
- A removal order — if all avenues of appeal are exhausted, one of three types of removal order may be issued
Types of Removal Orders
Departure Order:
- Requires leaving Canada within 30 days
- Departure must be confirmed with CBSA at the port of exit
- Failure to depart automatically converts it into a Deportation Order
Exclusion Order:
- Prohibits return to Canada for one year
- Requires an Authorization to Return to Canada (ARC) to come back within that period
- A misrepresentation finding extends the prohibition to five years
- May require repayment of removal costs if CBSA covered them
Deportation Order:
- Imposes a permanent bar on returning to Canada unless an ARC is successfully obtained
- May require repayment of removal costs if CBSA covered them
Judicial Review Before the Federal Court
If the Immigration Appeal Division upholds a removal order, you may be able to challenge that decision through Judicial Review before the Federal Court of Canada. This ensures the decision is subject to scrutiny for both procedural fairness and legal correctness.
Why Choose Batra Law Offices
- Experienced admissibility hearing lawyer serving Brampton and the GTA
- Representation before the Immigration Division and Immigration Appeal Division
- Support with related matters, including Detention Review, Misrepresentation, and Judicial Review
- Careful preparation of evidence and legal submissions to protect your immigration status
Frequently Asked Questions (existing content, lightly tightened)
What happens during an admissibility hearing?
Evidence and arguments are presented by both the individual facing allegations of inadmissibility and the Minister’s representative.
If a removal order is issued, what recourse does the individual have?
You may have the right to appeal the decision to the Immigration Appeal Division (IAD) of the IRB within a specified timeframe.
What are the possible outcomes of an admissibility hearing?
The Immigration Division (ID) reviews evidence from both sides and decides whether the allegations are founded. If founded, a removal order is issued; if not, you’re permitted to enter or remain in Canada.
When might someone need an admissibility hearing lawyer?
Two common situations: being deemed inadmissible by CBSA while attempting to enter Canada, or already being in Canada and suspected of inadmissibility due to non-compliance with IRPA, security concerns, or health conditions.
Can individuals be detained before an admissibility hearing?
Yes — immigration authorities may detain someone if there’s a risk they won’t attend the hearing, a risk to public safety, an inability to confirm identity, or suspicion of falsified documents. See our Detention Review page for more detail.
Who has the burden of proof in an admissibility hearing?
The burden falls on the Minister’s Counsel, who must show, on a balance of probabilities, that the individual is inadmissible to Canada.
What should I do if my PR application is rejected for misrepresentation?
This can lead to a removal order and possible deportation, but the order can be challenged or appealed. Factors like establishment in Canada, remorse, community support, and the seriousness of the issue may be considered during an appeal. See our Misrepresentation page for more detail.
Book a Consultation in Brampton
Facing an admissibility hearing? Contact Batra Law Offices today to book a consultation. Call us at +1 905-533-0183 or WhatsApp us to get started.
Note: “The information herein is provided for informational purposes only and should not be construed as legal advice. Read our complete Legal Disclaimer on Website”