5days
Documents, witnesses, interpreter
Documents, witness details and an interpreter request reach the Division five days before the hearing; sooner if it runs with a detention review.
ID Rules 17, 26, 32
Admissibility hearings at the Immigration Division in Toronto
When a section 44 report is referred, the IRB’s Immigration Division decides at a hearing whether the allegation is made out. Angelina Shuster, a paralegal licensed by the Law Society of Ontario, represents people at these hearings.
- IRPA sections 44 and 45
- Five-day disclosure rule
- English and Russian
Free assessment
Send the hearing date and the IRPA section named in the referral. We reply with what has to be filed, and by when.
The ground named in the referral decides the rest
IRPA section 33 lets grounds in sections 34 to 37 be proved on “reasonable grounds to believe”. Section 64 decides whether an IAD appeal survives.
Ground allegedIRPAAppeal to the IAD afterwards
Serious criminalitys.36(1)Barredif punished in Canada by six months or more, or under s.36(1)(b) or (c)
Criminalitys.36(2)Limitedapplies to foreign nationals; only a permanent resident visa holder may appeal (s.63(2))
Misrepresentations.40Openfor a permanent resident or protected person ordered removed (s.63(3))
Non-compliance with the Acts.41Openfor a permanent resident or protected person ordered removed
Security, human rights, organized criminalityss.34, 35, 37Barredsection 64(1); Federal Court leave is the only route
Three time limits around the hearing
Two come from the rules of the Immigration Division and the IAD; the third from IRPA section 72.
30days
Appeal of the removal order
A permanent resident or protected person files the notice of appeal to the IAD within 30 days of receiving the removal order.
IRPA s.63(3) · IAD Rule 16(b)15days
Federal Court leave
Where no appeal lies, the application for leave and judicial review is filed within 15 days of learning of the decision.
IRPA s.72(2)(b)Four decisions the Division can make
IRPA section 45 lists every possible result at the end of an admissibility hearing.
s.45(a)Right to enter recognizedFor a Canadian citizen, a person registered under the Indian Act or a permanent resident.
s.45(b)Status grantedPermanent or temporary resident status for a foreign national who meets the Act’s requirements.
s.45(c)Entry for further examinationAuthorized with or without conditions.
s.45(d)Removal orderMade when the Division is satisfied the allegation is established; the type of order is set by the ground.
How a matter reaches the hearing room
The order set by IRPA sections 44 and 45 and the Immigration Division Rules.
- Officer’s reportAn officer who believes a person in Canada is inadmissible writes a report under s.44(1).
- ReferralThe Minister refers the report to the Immigration Division under s.44(2), with the evidence to be presented (Rule 3).
- DisclosureEach side sends its documents and witness details.
- Hearing and decisionMinister’s counsel and the representative present evidence; the member decides under s.45.
Who represents you before the Division
Angelina Shuster is a paralegal licensed by the Law Society of Ontario. By-Law 4 lets her appear before tribunals created under federal law, including the IRB.
- 25+ yearson immigration and criminal matters.
- English and Russianmeetings and hearing preparation in either language.
- Richmond Hill office10211 Yonge Street, Suite 205, (416) 835-6989.
“I was greatly impressed by the efficiency with which Angelina handled our immigration case. All of our concerns, however minor, were promptly addressed by her. In addition to her efficiency she provided us with personal support at a time when it was most needed, the nerve-wracking days before the scheduled interview with the Immigration Officials. She reassured us and alleviated our fears, rational as well as irrational.”
What to bring to the free assessment
- The notice to appear or referralIt names the IRPA section and the hearing date.
- The section 44 report and any disclosureThe hearing is confined to what they allege.
- Court records for any convictionCertified copies, the sentence imposed, and English translations of foreign records.
- Status papers and detention detailsPR card or visa, and the place of detention if the person is held.
Questions about admissibility hearings
Can a paralegal appear at the Immigration Division?
Yes. The Immigration Division belongs to the Immigration and Refugee Board, a federal tribunal, and the Law Society of Ontario’s By-Law 4 permits licensed paralegals to appear for a party there.
Is a detention review the same proceeding?
No. A detention review decides only whether detention continues. The admissibility hearing decides whether the person is inadmissible, and the two may be held together.
What if the ground found bars an appeal?
The remaining route is an application for leave and judicial review at the Federal Court under IRPA section 72, filed within 15 days. The Court reviews the decision; it does not hear the evidence again.
Nothing here is legal advice: it sets out general information about Immigration Division procedure, and reading it creates no paralegal-client retainer. Our legal team assists with the full range of your matter, including applications filed with IRCC.
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