Immigration Division: Admissibility Hearings and Detention Reviews
If the CBSA or IRCC alleges that you are inadmissible to Canada, or you are detained for immigration reasons, the Immigration Division of the Immigration and Refugee Board decides what happens next. Preparation before the hearing is often what decides it.
What the Immigration Division does
The Immigration Division (ID) is an independent tribunal. It holds two kinds of proceedings under the Immigration and Refugee Protection Act (IRPA): admissibility hearings and detention reviews.
Grounds of inadmissibility we handle
- Security (s. 34), including allegations of membership in an organization, and military or government service questions.
- Human or international rights violations (s. 35).
- Serious criminality and criminality (s. 36), including foreign convictions and the question of equivalency to a Canadian offence.
- Organized criminality (s. 37).
- Misrepresentation (s. 40).
- Non-compliance with the Act (s. 41) and inadmissible family members (s. 42).
The grounds matter because they decide the type of removal order, whether the Immigration Appeal Division can hear an appeal, and whether Ministerial relief is a possibility.
How we prepare an admissibility hearing
- Review the officer's report, the disclosure package and every document the Minister intends to rely on.
- Test whether the legal threshold is met: the standard of proof is "reasonable grounds to believe" for most grounds, and the evidence has to reach it.
- For foreign convictions, compare the foreign offence with the Canadian Criminal Code provision and obtain certified court records and statutes.
- Prepare you to testify, and prepare written submissions and speaking notes.
- Plan the next step in advance: appeal to the Immigration Appeal Division, a pre-removal risk assessment, Ministerial relief, or a judicial review in the Federal Court.
Detention reviews: getting you released
At a detention review the Minister must show a ground for continued detention, such as a flight risk, a danger to the public, or that your identity has not been established (IRPA s. 58). Our work focuses on the alternatives to detention: a credible release plan, a suitable bondsperson or guarantor, a residence and reporting plan, and evidence on your ties to the community. We also challenge detention that has become lengthy and argue for release.
What can happen after the decision
- A removal order may be a departure order, an exclusion order or a deportation order. Each has different consequences for returning to Canada.
- Some decisions can be appealed to the Immigration Appeal Division.
- A person facing removal may be eligible for a pre-removal risk assessment.
- Some inadmissibility grounds can be addressed through Ministerial relief.
- Errors of law or procedural unfairness can be challenged in a Federal Court judicial review.
Frequently asked questions
Do I need a lawyer at an admissibility hearing?
You are entitled to be represented, and the outcome can mean a removal order and a bar on returning. Because the consequences are serious and the legal tests are technical, representation is strongly advisable.
Is every inadmissibility finding appealable?
No. Whether you can appeal depends on your status and the ground. For example, IRPA s. 64 removes the right of appeal for people found inadmissible on grounds of security, human or international rights violations, serious criminality (where the sentence is at least six months) or organized criminality. We assess this at the start so you know your options.
What if I am detained?
Detention is reviewed by the Immigration Division at the intervals set by the Act. An early, well-prepared release plan matters. Contact us immediately and send the detention documents.
Related: Immigration Appeal Division · Pre-removal risk assessment · Ministerial relief · AI case review tool
Important: this page is general legal information, not legal advice, and reading it or contacting us does not create a lawyer-client relationship. Deadlines, eligibility and outcomes depend on your decision and facts, the law changes, and no result can be guaranteed. Past results do not predict future outcomes. Please do not send confidential details until we have confirmed that we can act for you. Pax Law Corporation is regulated by the Law Society of British Columbia and the Law Society of Ontario. We do not state processing times for any application; check IRCC for current information.
Facing an admissibility hearing or detention review?
Send us your notice, report or detention documents and we will tell you what the hearing involves and how to prepare.
