Admissibility Hearings Before the Immigration Division

What Is an Admissibility Hearing?

An admissibility hearing is a formal proceeding before the Immigration Division (ID) of the Immigration and Refugee Board of Canada. The ID conducts admissibility hearings for persons who the Canada Border Services Agency (CBSA) alleges are inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). The hearing is adversarial — a government representative presents evidence in support of the inadmissibility allegation, and you have the right to be represented by counsel, cross-examine witnesses, and present your own evidence and arguments in defence.

If the ID finds you inadmissible, it must issue a removal order. The type of order issued depends on the ground of inadmissibility — departure order, exclusion order, or deportation order — with deportation being the most severe, permanently barring return to Canada without written IRCC authorization.

Grounds of Inadmissibility in Canada

Criminality (Section 36 IRPA)

A permanent resident or foreign national may be inadmissible based on a conviction inside or outside Canada for an offence that, if committed in Canada, would constitute an indictable offence. The distinction between "criminality" (section 36(2)) and "serious criminality" (section 36(1)) is critical — it determines the right of appeal to the IAD and the severity of consequences.

Serious Criminality (Section 36(1))

A permanent resident is inadmissible for serious criminality if they have been convicted of an offence in Canada punishable by a maximum term of imprisonment of at least 10 years, or for which a term of at least six months was imposed. Where serious criminality is established, there is no right of appeal to the IAD — making the admissibility hearing the critical forum for defence.

Security (Section 34 IRPA)

Inadmissibility on security grounds includes espionage, subversion of a government, terrorism, and membership in organizations engaged in such activities. Security inadmissibility carries no right of appeal to the IAD and has serious collateral consequences.

Misrepresentation (Section 40 IRPA)

Directly or indirectly misrepresenting or withholding material facts in connection with an immigration matter — whether in an original application or in a proceeding — constitutes misrepresentation inadmissibility. A finding typically results in a five-year bar from Canada for foreign nationals and the loss of permanent residence for permanent residents.

Non-Compliance with the IRPA (Section 41)

Failure to comply with conditions of status, working or studying without authorization, overstaying an authorized period, or failing to appear for immigration proceedings can ground an admissibility hearing and a removal order.

Health Grounds (Section 38)

A person may be inadmissible if their health condition poses a public health risk, a public safety risk, or would cause excessive demand on Canada's health or social services — subject to important exceptions for protected persons and certain family members.

How We Defend Admissibility Hearing Cases

We review the Minister's allegations from every angle — challenging the legal equivalency of foreign convictions, contesting the sufficiency and admissibility of the government's evidence, raising procedural fairness issues, and presenting all available mitigating facts and legal arguments before the ID member. Where the inadmissibility is established, we may also pursue parallel remedies — Criminal Rehabilitation, Temporary Resident Permits, or ministerial relief — that can resolve the inadmissibility independently of the hearing outcome.

How Azimi Law Can Help

We appear at Immigration Division admissibility hearings on behalf of clients facing every type of inadmissibility allegation. We review the government's case carefully, identify its legal and factual weaknesses, challenge the evidence, and present every available argument for a finding of admissibility. Where a removal order is issued, we advise immediately on your rights and next steps.