- An inadmissibility report is an officer’s written opinion that a person, a foreign national or, in some circumstances, a permanent resident, does not meet a requirement of immigration…
- An officer who forms the opinion that someone is inadmissible documents the specific concern and the facts supporting it.
- The report is referred to a more senior decision-maker, generally described as a Minister’s Delegate, who independently reviews whether the report is well-founded.
If an immigration officer believes you don’t meet the requirements to stay in Canada, or that you’re inadmissible on some other ground, they can write up what’s commonly called a Section 44 report — the formal document that starts the process toward a possible admissibility hearing or removal order. Getting one is serious, but it isn’t the end of the process by itself, and what happens next depends heavily on the specific ground involved and how the report is handled from here.
This article walks through what the report actually is, who reviews it, and what your realistic options look like at each stage.
What This Report Actually Is
An inadmissibility report is an officer’s written opinion that a person, a foreign national or, in some circumstances, a permanent resident, does not meet a requirement of immigration law, or falls within one of the recognized inadmissibility grounds — things like criminality, misrepresentation, non-compliance with the Act, health, or financial grounds, among others. Writing the report is only the first step; it doesn’t itself end anyone’s status or trigger removal.
Step 1: The Officer Writes the Report
An officer who forms the opinion that someone is inadmissible documents the specific concern and the facts supporting it. At this stage, the report is essentially a recommendation — it still needs to go through a further review before anything is decided.
Step 2: A Minister’s Delegate Reviews It
The report is referred to a more senior decision-maker, generally described as a Minister’s Delegate, who independently reviews whether the report is well-founded. This isn’t a rubber stamp — the delegate can decide the report doesn’t hold up and take no further action.
Step 3: Two Possible Paths From Here
If the delegate agrees the report has merit, what happens next generally depends on how serious the ground is:
| Situation | Typical next step |
|---|---|
| Less serious grounds, where the facts are largely undisputed | The delegate may issue a removal order directly, without a hearing |
| More serious or disputed grounds | The matter is referred to the Immigration Division (ID) of the Immigration and Refugee Board for an admissibility hearing |
An admissibility hearing gives the person a chance to respond to the allegations before a decision-maker who is independent of the officer who wrote the report — see our companion article on what to expect at that hearing for more detail.
Step 4: What Happens If a Removal Order Is Issued
A removal order doesn’t necessarily mean immediate departure. Depending on the type of order and the person’s specific circumstances, there may be a right of appeal, a right to apply for leave to the Federal Court for judicial review, or, in narrower circumstances, other discretionary relief. Which options actually apply depends heavily on the ground involved — some serious grounds remove certain avenues entirely, which is exactly why an early, accurate legal assessment matters.
Detention Is a Separate, Related Question
Being issued an inadmissibility report does not automatically mean detention. But in some circumstances, particularly where there’s a concern about flight risk, danger to the public, or an applicant’s identity not being established, CBSA can seek to have a person detained pending further proceedings. Detention is reviewed on its own timeline by the Immigration Division, separately from the underlying admissibility question. If detention becomes a live issue in your case, treat it as urgent and get legal advice immediately — the arguments and evidence involved are different from those used to contest the inadmissibility ground itself.
What You Can Do at Each Stage
- [ ] Read the report carefully and understand exactly which ground and facts are alleged
- [ ] Get legal advice before responding to anything, especially before an interview or hearing
- [ ] Gather documentation that responds directly to the specific concern raised
- [ ] Find out early whether your situation carries a right of appeal, since that changes the strategy significantly
- [ ] Don’t assume the process will simply go away if you wait — most steps have real deadlines
Frequently asked questions
Does getting a Section 44 report mean I’ll be removed from Canada?
Not necessarily. The report is a first step, subject to further review, and depending on the ground and the outcome, there may be a hearing, an appeal, or other options before removal actually happens.
Am I allowed to have a lawyer at this stage?
Yes. You’re generally entitled to representation throughout this process, including at any admissibility hearing, and getting advice as early as possible, ideally as soon as you receive the report, puts you in a much stronger position.
Is a permanent resident treated differently than a foreign national in this process?
The general framework applies to both, but the specific grounds, procedures, and available remedies can differ meaningfully depending on status. Don’t assume the rules are identical.
Can I keep working or studying while this is pending?
That depends entirely on your current status and the specific stage of the process. Don’t assume your existing permit or status is unaffected without checking.
This is an immigration question
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