Admissibility Hearings Detention TRP Removals Appeals

Admissibility Hearings Detention TRP Removals Appeals NonCompliance With Residency Requirments Removals in the family class


Admissibility Hearing :

The Immigration Division Conducts Admissibility Hearings for either Foreign Nationals or Permanent Residents, who are believed to be inadmissible or removable from Canada under the Immigration and Refugee Protection Act.

Some of the reasons that a Foreign National or a Permanent Resident may have to Appear for an Admissibility Hearing are:
  • Failure to comply with Canadian Immigration Law
  • Security threat
  • Human or international rights Violation
  • Have been involved in crime or international crime
  • Misrepresentation, such as, by presenting false information
  • Family member of an Inadmissible Person
  • Health Condition
  • Do not have enough money to support themselves

The judge will make her decision based on the information, evidence and testimony available at the Hearing.

Detention Hearings :

Canada's immigration law permits the CBSA to detain permanent residents and foreign nationals under certain conditions. CBSA officers can detain a foreign national or permanent resident at a port of entry if:
  • It is necessary to complete an examination
  • There are reasons to believe that the person is inadmissible on grounds of security, violating human or international rights, serious criminality, criminality or organized criminality.
CBSA officers can also detain a foreign national if:
  • they have reasonable grounds to believe the person is unlikely to appear for an immigration proceeding ( e.g., examination, hearing, removal )
  • a danger to the public
  • unable to satisfy the officer of their identity.
  • they are designated as part of an irregular arrival by the Minister of Public Safety.
  • tIn certain circumstances, a foreign national will be detained by the Canada Border Services for reasons such as non - compliance with a set of conditions set out by the CBSA or staying in Canada without proper authorization or even at the Port of Entry such as the boarder and Airport.

Removals :

Removing individuals who do not have the right to enter or stay in Canada is essential to maintaining the integrity of Canadian immigration program and to ensuring fairness for those who come to this country lawfully. The Immigration and Refugee Board of Canada (IRB) is responsible for any appeals to Removal Orders. There are three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). These are Departure Orders, Exclusion Orders and Deportation Orders.

Temporary Resident Permit ( TRP ) :

A Temporary Resident Permit (TRP) may be issued to individuals who would otherwise be inadmissible to Canada because of health and criminality issues, permitting them to enter Canada on a temporary basis. The visa officer will weigh the inadmissible person's need to enter or remain in Canada against the health and security risks to the Canadian population.

Appeals:

Immigration Appeal Division ( IAD ) The visa officer's decision to refuse a visa, for entry to Canada, is not a final decision.

The Immigration Appeal Division (IAD) hears appeals on immigration matters such as:
  • Sponsorship appeals ( refusal outside Canada )
  • Removal order appeals ( a permanent resident with a removal order to leave Canada )
  • Residency obligation appeals ( permanent residents abroad with unfulfilled PR obligations )
  • Minister's appeals

Humanitarian and Compassionate Grounds :

People who would not normally be eligible to become permanent residents of Canada may be able to apply on humanitarian and compassionate grounds. Humanitarian and compassionate grounds apply to people with exceptional cases.