Depending on whether you make your refugee claim at a port of entry or after you’ve entered Canada, you’ll submit your claim to either Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).
After receiving your application, an IRCC or CBSA officer will either,
- Refer your claim to the Refugee Protection Division, which is a tribunal of the Immigration and Refugee Board of Canada (IRB); or
- Refer your claim to the Immigration Division (ID), another tribunal of the IRB, for an admissibility hearing.
If your claim is referred to the ID for an admissibility hearing, then your refugee claim is temporarily on hold until your admissibility is determined.
You’ll be told why you’re inadmissible
You’ll actually be given a disclosure of documents telling you why you’re inadmissible, and these are the documents that IRCC or the CBSA will rely on at your admissibility hearing.
The ID will also give you a Notice to Appear, containing the date and time of your admissibility hearing.
What happens at the admissibility hearing?
A Member (in other words, a judge) of the IRB is in charge of an admissibility hearing, which usually lasts for about 3 hours.
The Member, a representative from either IRCC or the CBSA, and your lawyer may ask you questions at the admissibility hearing.
What happens if I’m found inadmissible
If the ID finds that you’re inadmissible to Canada, your refugee claim may not proceed, and you could be ordered removed from Canada.
In some cases, you may still have the right to appeal or seek other legal remedies, but the options depend on the reason for inadmissibility. This is why the admissibility stage is very important, and it’s best if you’re represented by a lawyer.
Should I be represented by a lawyer at my admissibility hearing?
Remember that your ability to stay in Canada depends on how your admissibility hearing goes, so we strongly recommend that you’re represented by a lawyer at your admissibility hearing.
What happens if I don’t speak English or French?
Don’t worry. The ID will provide an interpreter, so that you can understand what’s happening at the hearing.
Can I appeal my admissibility decision?
Depending on the reason for inadmissibility, you can appeal your admissibility decision to the Immigration Appeal Division, but there are strict timelines, so it’s best if you book a consultation with us today.
How can Kabir & Alam help me with the whole admissibility process?
The issue of admissibility and the subsequent hearing is a very complex process, requiring careful attention and a lot of evidence.
Book a consultation with us today, so that we can assist you throughout the entire process.