Section 44 Report Lawyer Brampton
A Section 44 Report is a document created by immigration officers under Section 44 of the Immigration and Refugee Protection Act (IRPA), allowing them to declare a foreign national or permanent resident inadmissible to Canada. These reports are commonly used in cases involving permanent residents failing residency requirements, individuals with significant criminal inadmissibility concerns, or those with unresolved eligibility issues. A Section 44 Report can lead directly to a removal order or a referral to an admissibility hearing, which is why responding to one correctly, and quickly, matters. At Batra Law Offices, our Brampton immigration lawyers help clients understand their options and prepare a strong response before a final decision is made.
Case | What it established |
Lin v Canada (Public Safety and Emergency Preparedness), 2021 FCA 81 | Set limits on judicial review of CBSA’s inadmissibility reports, confirming it should be granted only in exceptional circumstances. |
Zhang v Canada (Public Safety and Emergency Preparedness), 2021 FC 746 | Justice Ahmed affirmed CBSA’s authority to consider humanitarian factors in Responding to a Section 44 ReportIn many cases, individuals are given the opportunity to respond to the concerns raised in a Section 44 Report before a final decision is made — this is often connected to a Procedural Fairness Letter giving you a chance to address the officer’s concerns directly. In response, you should gather evidence supporting your personal circumstances, and, where relevant, the circumstances of any affected family members. This is the stage where the strength of your submission has the most influence over what happens next.
Judicial Review of Section 44 ReportsJudicial review of a Section 44 Report is available, but Canadian courts have set clear limits on when it will actually be granted: ● Judicial review is typically granted only in exceptional circumstances, with formal inquiries conducted by the Immigration Division if necessary. ● The general rule is that administrative appeals must be exhausted before seeking judicial review, but exceptions exist — for example, where an individual lacks appeal rights, or where humanitarian factors were not considered by the Immigration Appeal Division. ● Courts have also confirmed judicial review can be appropriate where there’s no meaningful right of appeal available, or where strong evidence supports the challenge, as discussed in McAlpin v Canada. Key Case Law on Judicial Review of Section 44 Reportsorganized crime referrals, allowing for judicial review in such cases. |
McAlpin v Canada | Confirmed that judicial review is more likely to be considered appropriate where no meaningful appeal right exists, or where strong evidence supports the applicant’s position. |
Humanitarian and Compassionate Factors in Section 44 Reports
The Canada Border Services Agency (CBSA) can take humanitarian and compassionate factors into account when issuing a Section 44 Report, especially in cases involving rehabilitation or significant humanitarian concerns. This discretion is confirmed by case law, but its scope is genuinely debated:
- Singh v Canada (Public Safety and Emergency Preparedness), 2019 FC 1170, highlights CBSA’s discretion to consider humanitarian and compassionate factors when issuing Section 44 (A44) reports.
- Despite confirming the facts of inadmissibility, officers and delegates maintain some discretion not to refer individuals for an admissibility hearing, especially where humanitarian factors outweigh the alleged inadmissibility.
- Officers are not obligated to consider humanitarian factors, but they do have discretion to do so, particularly in cases involving alleged criminal inadmissibility.
- Where a delegate does consider these factors, their reasoning must be justifiable, transparent, and intelligible, taking into account the circumstances and evidence provided.
- The Immigration Division (ID) may also consider submissions and humanitarian and compassionate factors when deciding whether to proceed with a referral for an admissibility hearing, based on the delegate’s initial review.
What Happens After a Section 44 Report Is Issued
Once a Section 44 Report is prepared, it generally follows one of a few paths, depending on the specific circumstances and the delegate’s assessment:
- The Minister’s delegate reviews the report, along with any submissions or humanitarian and compassionate factors raised.
The delegate may refer the matter for a formal Admissibility Hearing before the Immigration Division, where the facts of inadmissibility are examined in more detail.
- Alternatively, the delegate may decide not to refer the matter forward, particularly where humanitarian and compassionate considerations are found to outweigh the alleged inadmissibility.
If a referral proceeds and inadmissibility is confirmed, this can lead to a removal order.
In limited circumstances, the report or subsequent decision may be challenged through Judicial Review at the Federal Court.
Why Choose Batra Law Offices for Your Section 44 Report
How you respond to a Section 44 Report — and whether you raise the right humanitarian and compassionate factors at the right stage — can determine whether your case is referred for an admissibility hearing at all. Our Brampton immigration team helps clients prepare a thorough, well-evidenced response, and where a referral does proceed, we represent clients through the hearing and, where appropriate, Judicial Review of the outcome.
Frequently Asked Questions
What is a Section 44 Report?
A Section 44 Report is an immigration officer’s determination of inadmissibility under Section 44 of the Immigration and Refugee Protection Act (IRPA).
When is a Section 44 Report typically used?
It’s commonly used for permanent residents failing residency requirements, or foreign nationals with significant criminal convictions or unresolved eligibility concerns.
Do individuals get a chance to respond to a Section 44 Report?
Yes, in many cases individuals can respond to the concerns raised before a final decision is made.
Why is it important to gather evidence in response to a Section 44 Report?
Evidence supporting your personal circumstances, and those of any affected family members, can influence whether the delegate proceeds with a referral for an admissibility hearing.
What did the Federal Court of Appeal say about judicial review in Lin v Canada?
It confirmed that judicial review of CBSA’s inadmissibility reports should be granted only in exceptional circumstances.
When is judicial review of a Section 44 Report actually possible?
Generally where there’s no meaningful appeal right available, or where humanitarian considerations were not properly taken into account by the Immigration Appeal Division.
What did Justice Ahmed decide in Zhang v Canada regarding CBSA’s authority?
That CBSA can consider humanitarian factors in organized crime referrals, and that judicial review may be possible in such cases.
What discretion does CBSA have in issuing Section 44 reports, according to Singh v Canada?
The case confirms CBSA’s discretion to consider humanitarian and compassionate factors when issuing Section 44 (A44) reports.
What did McAlpin v Canada establish about judicial review?
It confirmed judicial review is more likely to be considered appropriate where no meaningful appeal right exists, or where strong evidence supports the applicant’s case.
What factors can officers consider in cases involving alleged criminality?
Rehabilitation potential, humanitarian and compassionate circumstances, and, where relevant, questions around misrepresentation.
Is CBSA required to consider humanitarian and compassionate factors?
No, there’s no strict obligation, but officers and delegates have discretion to do so, especially in cases involving alleged criminal inadmissibility.
What’s emphasized about how humanitarian factors should be assessed?
The assessment should be reasonable and genuinely consider the most significant humanitarian factors raised, even if only briefly addressed.
Why is the delegate’s role significant in a Section 44 Report?
The delegate is responsible for reviewing submissions, deciding whether humanitarian and compassionate factors outweigh the alleged inadmissibility, and determining whether to refer the matter for an admissibility hearing.
Must CBSA formally consider every submission or humanitarian argument raised?
There’s no strict obligation to consider every submission, but where CBSA does engage with humanitarian and compassionate factors, that reasoning should be reasonable, transparent, and justifiable.
What happens if my Section 44 Report leads to a referral?
A referral typically proceeds to a formal admissibility hearing before the Immigration Division, where the facts of inadmissibility are examined and a decision is made that can lead to a removal order.
Book a Consultation With a Brampton Section 44 Report Lawyer
If you’ve received a Section 44 Report, the way you respond matters. Contact Batra Law Offices today to book a consultation. Call us at +1 905-533-0183 or WhatsApp us to get started.
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