Immigration Division

The Immigration Division is a branch of the Immigration and Refugee Board.  Hearings that are held at the Immigration Division deal with either admissibility hearings or detention reviews.  An admissibility hearing is usually referred by Canada Border Services Agency because they believe that someone has been in breach of IRPA and should not be admissible to Canada.  This can be foreign nationals who are trying to enter Canada or people who are already in Canada and are considered removable due to being inadmissible.  When a case has been referred to the Immigration Division the burden of proof is on the Minister to show that the person is inadmissible and should be given a removal order.  The foreign national has the right to be represented by a lawyer and to produce evidence to show that he or she is not inadmissible.  If a finding of inadmissibility is made a removal order will be issued.  You may be eligible to apply to either the Immigration Appeal Division or the Federal Court of Canada.

Canada Border Services Agency may detain a foreign national if they believe that they could be a danger to the public or that they are unlikely to appear for examination, admissibility hearing or removal from Canada.  The foreign national detained has the right to a lawyer and to have a detention review in 48 hours.  At the hearing the foreign national will have the opportunity to give reasons why he or she should be released and to provide a bondsperson to help secure their release.  If the foreign national is released there will likely be conditions for his or her release including posting a bond or reporting.  If the foreign national is not released there will be another detention review in 7 days and one every 30 days until the person is released.  The foreign national can seek judicial review to challenge the Board Member’s decision for continued detention.