Admissibility hearings before the Immigration Division

The section 44 report

When an officer believes a permanent resident or foreign national in Canada is inadmissible, they can write a report under section 44(1) of IRPA. The report goes to a Minister’s delegate, who decides whether it is well-founded. Depending on the ground and your status, the delegate either issues a removal order directly or refers the report to the Immigration Division for a hearing.

Before the report is written or referred, you may be called to an interview and given a chance to make submissions. That is an important opportunity. A delegate can decide not to refer a report, especially for a permanent resident with strong ties to Canada.

Grounds that lead to a hearing

The grounds of inadmissibility are in sections 34 to 42 of IRPA. Admissibility hearings usually involve:

• serious criminality or criminality;
• security, human or international rights violations, or organized criminality;
• misrepresentation; and
• non-compliance with IRPA, for example working without authorization or overstaying.

How the hearing works

1. DisclosureThe Minister discloses the documents it relies on. We review them for gaps, errors and admissibility issues.
2. Evidence and witnessesBoth sides can file documents and call witnesses. You may be asked to testify.
3. Standard of proofFor security, human rights and organized crime grounds, the Minister only has to show “reasonable grounds to believe” (section 33). Other grounds are generally decided on a balance of probabilities.
4. DecisionThe member either finds you admissible, which ends the matter, or issues the removal order the law requires.

The removal order and what follows

The type of order matters a great deal. A departure order lets you leave and return later in the ordinary way if you leave on time. An exclusion order bars return for one year, or five years for misrepresentation. A deportation order bars return permanently unless you obtain an Authorization to Return to Canada.

Many permanent residents, protected persons and holders of permanent resident visas can appeal to the Immigration Appeal Division, including on humanitarian grounds. Section 64 removes that appeal for security, human rights and organized criminality, and for serious criminality where the sentence was at least six months’ imprisonment. Where there is no appeal, judicial review at the Federal Court and other remedies need to be considered right away.

How ATWORLD IMMIGRATION helps

• Submissions to the officer or delegate before a report is referred.
• A full review of disclosure, and of the criminal or foreign records relied on, including whether a foreign offence really matches a Canadian one.
• Representation at the Immigration Division hearing.
• Planning for what comes next: an IAD appeal, rehabilitation, a temporary resident permit, or a pre-removal risk assessment.

Last reviewed November 2026. This page is general information, not legal advice. Immigration law and IRB procedure change often; we confirm the current rules for your file at your consultation.