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Immigration and Refugee Law
Admissibility Hearings in Canada: What Happens at the Immigration Division
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Admissibility Hearings in Canada: What Happens at the Immigration Division
An admissibility hearing is a hearing before the Immigration Division of the Immigration and Refugee Board of Canada. It decides whether a permanent resident or a foreign national who is in Canada is inadmissible under the Immigration and Refugee Protection Act and, if so, whether a removal order should be made. This guide explains how a case reaches the Immigration Division, the grounds that come up most often, the rules and deadlines for the hearing, the decisions the Immigration Division can make, and the short time limits for an appeal or judicial review.
Last updated: October 29, 2026
Watch: admissibility hearings explained
What is an admissibility hearing?
The Immigration and Refugee Board has four divisions. One of them, the Immigration Division, holds admissibility hearings. At the hearing, a member of the Immigration Division decides whether the person concerned is “inadmissible” under the Immigration and Refugee Protection Act. If the person is found inadmissible, the Immigration Division can make a removal order.
The hearing is formal, but it is not a criminal trial. Section 162(2) of the Act says each division must deal with its proceedings as informally and quickly as the circumstances and the considerations of fairness and natural justice permit. Pax Law Corporation’s page on Immigration Division admissibility hearings and detention reviews describes how the firm can help at this stage.
How a case reaches the Immigration Division
An admissibility hearing starts with a report. Under section 44(1) of the Act, an officer who is of the opinion that a permanent resident or a foreign national in Canada is inadmissible may prepare a report setting out the relevant facts and send it to the Minister.
Under section 44(2), if the Minister is of the opinion that the report is well-founded, the Minister may refer it to the Immigration Division for an admissibility hearing. The word “may” matters: neither the report nor the referral is automatic. Some cases are not referred at all. For example, a permanent resident who is inadmissible only because they did not meet the residency obligation is dealt with by the Minister, and section 228 of the Immigration and Refugee Protection Regulations lists foreign-national cases in which the report is not referred and a removal order can be made without a hearing.
Who can be affected, and on what grounds?
Admissibility hearings can involve permanent residents and foreign nationals in Canada, such as visitors, students and workers. The grounds that come up most often are:
- Serious criminality (section 36(1)). This includes a conviction in Canada for an offence punishable by a maximum term of imprisonment of at least 10 years, or a Canadian conviction for which a term of imprisonment of more than six months was imposed. It can also be based on certain convictions or acts outside Canada.
- Criminality (section 36(2)). This applies to foreign nationals, for example a conviction in Canada for an indictable offence, or for two offences that did not arise out of a single occurrence.
- Misrepresentation (section 40). This means directly or indirectly misrepresenting or withholding material facts relating to a relevant matter that induces or could induce an error in the administration of the Act. Under section 40(2), a person found inadmissible for misrepresentation generally remains inadmissible for five years.
- Non-compliance (section 41). For a foreign national, this covers breaking a rule of the Act, such as staying in Canada past the authorized period. For a permanent resident, it covers the residency obligation and certain conditions.
Section 36(3) sets important limits on the criminality grounds. An offence that can be prosecuted either summarily or by indictment is treated as indictable, even if it was prosecuted summarily. A conviction for which a record suspension has been ordered and not revoked, or a final acquittal, cannot be used. Offences dealt with under youth criminal justice laws are excluded. Other grounds, such as security, human or international rights violations and organized criminality (sections 34 to 37), are less common but can also lead to a hearing.
The standard of proof: "reasonable grounds to believe"
For the grounds in sections 34 to 37, section 33 of the Act says the facts that make a person inadmissible include facts for which there are “reasonable grounds to believe” that they have occurred, are occurring or may occur.
In Mugesera v. Canada (Minister of Citizenship and Immigration), 2005 SCC 40, at paragraph 114, the Supreme Court of Canada explained that this standard requires more than mere suspicion but less than proof on the balance of probabilities. Reasonable grounds exist where there is an objective basis for the belief, based on compelling and credible information. The Court also said, at paragraph 116, that this standard applies to questions of fact, not to the legal test itself.
There is an important exception: for a permanent resident alleged to have committed an act outside Canada that would be serious criminality, section 36(3) requires the decision to be based on a balance of probabilities.
How the hearing works: counsel, interpreters, documents and privacy
- Hearing procedure. Under section 173 of the Act, the Immigration Division must, where practicable, hold a hearing, give notice to the Minister and the person concerned, and hear the matter without delay. It is not bound by legal or technical rules of evidence, and it may rely on evidence it considers credible or trustworthy in the circumstances.
- Counsel. Under section 167(1), the person may be represented by legal or other counsel at their own expense. Under section 167(2), the division must designate a representative for a person who is under 18 or who is unable to appreciate the nature of the proceedings.
- Public or private. Under section 166, proceedings are generally held in public, but the division can protect confidentiality in some situations. An Immigration Division proceeding must generally be held in the absence of the public if the person has a pending refugee claim, refugee appeal or application for protection.
- Interpreter. Under rule 17 of the Immigration Division Rules, a party who needs an interpreter must notify the division in writing and specify the language or dialect. In most cases, the notice must be received at least five days before the hearing.
- Documents. Under rule 26, a party who wants to use a document at the hearing must give a copy to the other party and to the division. In most cases, the copies must be received at least five days before the hearing.
- Changing the date. Under rule 43, a party can apply to change the date or time of a hearing, but must still appear on the date fixed unless the division allows the application.
What the Immigration Division can decide
Under section 45 of the Act, at the end of an admissibility hearing the Immigration Division must make one of these decisions:
- recognize the person’s right to enter Canada, for example as a Canadian citizen, a registered Indian or a permanent resident;
- grant permanent resident or temporary resident status to a foreign national who meets the requirements of the Act;
- authorize the person to enter Canada, with or without conditions, for further examination; or
- make the applicable removal order.
Section 229 of the Regulations sets out which removal order applies: a departure order, an exclusion order or a deportation order. The type depends on the ground of inadmissibility and the person’s history.
Step-by-step: how to prepare
- Read the report and the notice of hearing carefully and write down the date and time.
- Get legal advice early. The case often turns on the exact ground alleged and the exact wording of the law.
- Collect court records, sentencing documents, immigration documents and any other evidence that relates to the allegation.
- If you need an interpreter, tell the Immigration Division in writing, in time.
- Send any documents you want to rely on to the Minister’s counsel and to the Immigration Division on time.
- Attend the hearing, ready to give evidence and make submissions.
Common mistakes to avoid
- Assuming a minor or old conviction cannot matter. A hybrid offence is treated as indictable even if it was prosecuted summarily.
- Missing the hearing. Asking for a new date is not enough. Under rule 43, you must attend unless the division allows the request.
- Sending documents late or forgetting the interpreter request. The five-day rules apply in most cases.
- Misunderstanding misrepresentation. Withholding a material fact can be enough. It does not have to be a deliberate lie.
Appeal and judicial review options after a decision
Appeal to the Immigration Appeal Division. Under section 63(3) of the Act, a permanent resident or a protected person may appeal a removal order made at an admissibility hearing. Under section 63(2), a foreign national who holds a permanent resident visa may also appeal. Section 64 removes this appeal for certain grounds, including serious criminality where the crime was punished in Canada by a term of imprisonment of at least six months. Learn more on Pax Law Corporation’s Immigration Appeal Division appeals page.
Judicial review in the Federal Court. Under section 72, a person can apply to the Federal Court for leave and for judicial review. Any right of appeal under the Act must be used first. For a matter arising in Canada, the application must be filed and served within 15 days after the person is notified of, or otherwise becomes aware of, the decision; for a matter arising outside Canada, the period is 60 days. A judge may extend the time for special reasons. See Pax Law Corporation’s page on immigration judicial reviews.
Pax Law Corporation lawyers have Federal Court decisions published on CanLII. You can read about them on the firm’s court decisions page. Every case is different, and past results do not guarantee future outcomes.
When the removal order takes effect, and returning to Canada
Under section 49 of the Act, a removal order comes into force on the day it is made if there is no right to appeal. If there is a right to appeal and no appeal is made, it comes into force the day after the appeal period expires; if an appeal is made, it comes into force when a final decision confirms the order. Under section 48, an order is enforceable once it is in force and not stayed.
Under section 52, a foreign national whose removal order has been enforced must not return to Canada unless authorized by an officer or in other prescribed circumstances.
When should you speak with a lawyer?
As soon as you learn about an inadmissibility report or receive a notice of an admissibility hearing. Early advice helps you understand the ground alleged, the evidence the Minister relies on, what you need to prepare, and whether an appeal or judicial review could be available later.
Key takeaways
- An admissibility hearing decides whether you can stay in Canada.
- The case begins with an officer’s report and a referral by the Minister, and neither is automatic.
- For some grounds, the standard of proof is lower than in a civil case.
- You can bring counsel, and you must request an interpreter and share documents on time.
- Appeal rights depend on your status and the ground, and judicial review deadlines are short.
For the official texts, see the Immigration and Refugee Protection Act, the Regulations, the Immigration Division Rules and the Immigration and Refugee Board of Canada.
Frequently asked questions
What is an admissibility hearing in Canada?
It is a hearing before the Immigration Division of the Immigration and Refugee Board that decides whether a permanent resident or foreign national in Canada is inadmissible and, if so, whether a removal order should be made.
Does every inadmissibility report lead to a hearing?
No. Under section 44 of the Immigration and Refugee Protection Act, an officer may write a report and the Minister may refer it. Some cases, such as a permanent resident who only failed the residency obligation, are dealt with by the Minister without a hearing.
What does “reasonable grounds to believe” mean?
In Mugesera, 2005 SCC 40, the Supreme Court of Canada said it means more than mere suspicion but less than the balance of probabilities, with an objective basis in compelling and credible information.
Can a minor or old conviction lead to an admissibility hearing?
It can. A hybrid offence is treated as indictable even if it was prosecuted summarily. A conviction with an unrevoked record suspension, or a final acquittal, cannot be used.
Can I have a lawyer at my admissibility hearing?
Yes. Under section 167(1) of the Act, you may be represented by legal or other counsel at your own expense.
Will the Immigration Division provide an interpreter?
You must ask in writing and name the language or dialect. In most cases, the request must be received at least five days before the hearing under rule 17 of the Immigration Division Rules.
When must I send my documents?
In most cases, copies must be received by the other party and the Immigration Division at least five days before the hearing, under rule 26.
Are admissibility hearings public?
Generally yes, but there are exceptions. A hearing must generally be private if the person has a pending refugee claim, refugee appeal or application for protection.
Can I ask to change the hearing date?
Yes, under rule 43, but you must still attend on the date fixed unless the Immigration Division allows your application.
What decisions can the Immigration Division make?
Under section 45, it can recognize a right to enter Canada, grant permanent or temporary resident status, authorize entry for further examination, or make the applicable removal order.
Can I appeal a removal order from an admissibility hearing?
Permanent residents, protected persons and foreign nationals holding a permanent resident visa may appeal to the Immigration Appeal Division, unless section 64 removes the appeal, for example for serious criminality punished in Canada by imprisonment of at least six months.
How long do I have to apply for judicial review?
For a matter arising in Canada, 15 days after you are notified of or become aware of the decision; for a matter arising outside Canada, 60 days. You need leave from the Federal Court, and any appeal right must be used first.
Can I return to Canada after being removed?
Under section 52, a foreign national whose removal order has been enforced cannot return without authorization from an officer, unless other prescribed circumstances apply.
Book a consultation
If you have received an inadmissibility report or a notice of an admissibility hearing, Pax Law Corporation can review your situation with you.
- Book online: Book a consultation — 215-1433 Lonsdale Avenue, North Vancouver, BC V7M 2H9 — +1-604-767-9529
Follow Pax Law Corporation
For more videos on Canadian law: subscribe on YouTube · Instagram @paxlawcorp · TikTok @paxlaw
Disclaimer: This article is general information only, not legal advice. It reflects the Immigration and Refugee Protection Act, its Regulations and the Immigration Division Rules as of the date above. Rules change and every situation is different. Reading this article does not create a lawyer-client relationship. Speak with a lawyer about your own circumstances before you act.
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