Inadmissibility Hearing

When does the ID decide to hold a hearing?

The ID holds a hearing for someone only at the request of the Canada Border Service Agency (CBSA). A CBSA officer provides a report containing the reasons for which he/she believes that the person should not be admitted to, or allowed to stay in, Canada.

For whom are hearings held?

Foreign nationals or permanent residents believed to be in violation of the Immigration and Refugee Protection Act.

What are the grounds for inadmissibility to, or removal from, Canada?

• security grounds
• violating human rights
• serious criminality
• organized criminality
• health reasons
• financial reasons (unable to provide for oneself)
• misrepresentation
• failure to comply with the Act

What happens after a hearing?

Based on the evidence and the testimony of both parties (CBSA and the person concerned), the ID decides whether or not the allegations are founded.

• If it decides that the allegations are founded, the ID issues a removal order for the person concerned.
• If it decides that the allegations are not founded, the ID stops the hearing and the person concerned retains his/her status.