What is a section 44 inadmissibility report and what happens next?

A section 44 report is a federal IRPA mechanism by which a Canada Border Services Agency (CBSA) officer reports a person to the Minister of Immigration when the officer believes that person is inadmissible to Canada. This can happen at a port of entry or within Canada. The section number refers to the relevant provision of the Immigration and Refugee Protection Act — immigration is entirely federal.

Once a section 44 report is written, depending on the grounds of inadmissibility, it is either referred to the Immigration Division (ID) of the IRB for an admissibility hearing, or in some cases a Minister's Delegate can issue a removal order directly without a hearing. The ID is an independent federal tribunal that determines whether the person is inadmissible and, if so, what type of removal order to issue.

If a removal order is issued after an admissibility hearing, the person typically has a right to appeal to the IAD or to pursue judicial review at the Federal Court, depending on the grounds. The section 44 report and admissibility process can happen very quickly — sometimes within days of arrival or detention. If you or someone you know has been detained or served with a section 44 report, contacting a lawyer immediately is critical. Detention review hearings have very short timelines.