It is possible for both permanent residents and foreign nationals to be found inadmissible for failure to comply with Canada’s immigration laws. Among other reasons for non-compliance, you could be found inadmissible if you:
- are a security threat
- have violated human or international rights
- have been involved in crime or organized crime
- have engaged in misrepresentation
- have a health condition (in some cases)
- do not have enough money to support yourself
- are accompanying or being accompanied by an inadmissible family member
If you are a foreign national outside of Canada, a visa officer will consider the facts and evidence regarding your inadmissibility and depending on the circumstances may give you the opportunity to respond to their concerns. If you are determined to be inadmissible, you will not be permitted to enter Canada. If you are already in Canada and the Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) suspects inadmissibility, a “Report Under Subsection 44(1)” is prepared. The case is referred to the Minister’s Delegate and may be sent to the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB). Based on the report, an admissibility hearing would be held to determine whether or not you will be allowed to enter or remain in Canada, or be issued a removal order.
These hearings are adversarial, and the Minister’s counsel will prepare a case for removal. While you do have the choice to represent yourself, it is highly recommended that you hire a lawyer who is familiar with the legal procedures and regulations, and can formulate a legal strategy to assist you. Depending on the situation, if a removal order is issued, you may be able to file a removal order appeal, or apply for judicial review at the Federal Court of Canada. With 25 years of experience in immigration, including complex cases, we can evaluate your circumstances and ensure that you put your best evidence forward. It should be noted that failing to attend an inadmissibility hearing will result in an arrest warrant.