- The Immigration Division is one of the branches of the Immigration and Refugee Board, an independent tribunal, separate from Immigration, Refugees and Citizenship Canada (IRCC) and from…
- - [ ] Review the inadmissibility report and understand exactly what’s alleged - [ ] Gather any documents, records, or witnesses that respond directly to the allegation - [ ] Arrange…
- Opening — the Division member confirms the identity of the parties and outlines the ground of inadmissibility being considered.
An admissibility hearing is where the Immigration Division (ID) of the Immigration and Refugee Board decides whether the allegations in an inadmissibility report are actually true, and, if they are, whether a removal order should be issued. For anyone facing one, the process can feel intimidating precisely because so much rides on it. Knowing what actually happens, step by step, makes it far less overwhelming.
This article walks through how a hearing is structured, what the Division is looking for, and what the realistic range of outcomes looks like.
What the Immigration Division Actually Is
The Immigration Division is one of the branches of the Immigration and Refugee Board, an independent tribunal, separate from Immigration, Refugees and Citizenship Canada (IRCC) and from the officer who wrote the original inadmissibility report. Its job at an admissibility hearing is narrow and specific: decide whether the person is inadmissible on the ground alleged, based on the evidence presented, and if so, what kind of removal order follows.
It is not the same body that hears refugee claims (that’s the Refugee Protection Division) or sponsorship appeals (that’s the Immigration Appeal Division) — each division within the Board has a distinct role.
Before the Hearing
- [ ] Review the inadmissibility report and understand exactly what’s alleged
- [ ] Gather any documents, records, or witnesses that respond directly to the allegation
- [ ] Arrange representation — you’re generally entitled to be represented at this stage, and preparation matters
- [ ] Confirm the date, time, and format of the hearing well in advance
- [ ] Prepare for the possibility that the Canada Border Services Agency (CBSA) will be presenting the case against you
What Happens During the Hearing
- Opening — the Division member confirms the identity of the parties and outlines the ground of inadmissibility being considered.
- Presentation of the case — a CBSA hearings officer presents the evidence supporting the allegation in the report.
- Response — the person, through their representative if they have one, can respond, present evidence, and question the case being made.
- Questioning — the Division member may ask questions directly to clarify the facts.
- Submissions — both sides make final submissions on whether inadmissibility is established and, if so, what order should follow.
- Decision — the member decides based on the evidence and the applicable legal test for the specific ground alleged. Decisions may be given orally at the hearing or in writing afterward.
Possible Outcomes
| Outcome | What it means |
|---|---|
| Report not upheld | No removal order; the person’s status is unaffected by this proceeding |
| Removal order issued | The type of order (there are different kinds) depends on the ground and the person’s status |
| Order with a right of appeal | Some removal orders can be appealed to the Immigration Appeal Division |
| Order without a right of appeal | Certain grounds, such as serious criminality, remove the right of appeal entirely; judicial review may be the remaining option |
Which outcome is realistic depends entirely on the specific ground alleged and the strength of the evidence on both sides — there’s no way to predict a result in the abstract.
Can You Have Representation?
Yes. You’re generally entitled to be represented at an admissibility hearing, and only certain categories of representative — a lawyer, a licensed paralegal, a Quebec notary, or a College-licensed immigration consultant — are legally allowed to represent someone for a fee in this kind of proceeding. Given what’s at stake, most people going through this process do not attend without one.
Frequently asked questions
How long does the whole process take from the report to the hearing?
This varies significantly based on the Board’s schedule, the complexity of the case, and the specific ground involved — there’s no fixed timeline to rely on, so confirm your specific hearing date directly rather than assuming a typical wait.
Can I bring witnesses to my hearing?
Yes, and depending on the allegations, witness evidence can matter a great deal. Your representative can help identify who’s actually useful to call and how to prepare them.
What happens if I don’t show up to my hearing?
Missing a hearing without a valid reason is generally treated very seriously and can result in a decision made without your input. If you have a genuine reason you can’t attend, raise it with the Division as early as possible.
Is an admissibility hearing the same as a criminal trial?
No. It’s an administrative proceeding with its own rules of procedure, and the legal tests applied are specific to immigration law rather than the criminal justice system, even when the underlying facts involve a criminal matter.
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