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Immigration Division

The Immigration Division is a tribunal branch of the Immigration and Refugee Board (IRB). In general, there are two types of immigration division hearing:

  1. Admissibility Hearings
  2. Detention Reviews

Admissibility Hearings

Admissibility Hearings are the legal process held before the Immigration Division of IRB. In most cases, the Canada Border Services Agency (CBSA) authorities are requested Canadian inadmissibility hearings because foreign national or permanent residents are not applicable to enter or remain in Canada. Admissibility hearings occur due to the following cases:

  • If you are striving to enter Canada and you are alleged to be inadmissible
  • If you are in Canada and are removable due to alleged inadmissibility

A person may not be acceptable to enter or remain in Canada if he/she has:

  1. failed to comply with IRPA and its rules
  2. security threat in Canada
  3. violated international or human rights
  4. proof to arrange crime or involved in crime
  5. involved in misrepresentation or claim a false identity in an immigration application
  6. some health issues (in some cases)
  7. not enough money to support his goals and ambitions, or
  8. accompanied an inadmissible family member

Detention Reviews

The Canadian Border Services Agency (CBSA) may detain foreign nationals or permanent residents for immigration due to some reasonable grounds to consider, including he/she:

  • is not permitted to enter or stay in Canada
  • has a security threat to the public
  • is unlikely to appear for an examination, removal, or hearing
  • is not satisfied with his/her identity

If a person is detained, the CBSA will inform the Immigration and Refugee Board (IRB) about the detention. Within 48 hours, the ID will determine the reasons for the detention at a hearing called a detention review hearing. During this review, the Minister’s counsel will be arguing to continue detention while the person or his/her counsel will be arguing for the release. In case, ID orders to continue detention, another detention review will be conducted with 7 days of the first review. Further hearings will be conducted at least once every 30 days of the detention duration. The person may request an early detention hearing if he has some valid reason. In case he/she does and the ID finds no reason under IRPA to continue detention, the person will be released under certain immigration division rules, i.e, guaranteeing to do something or posting a bond regularly to an immigration office.

Consult Move Immigration Services for Canada Immigration Division

Move Immigration Services is a recognized immigration consultant that serves detained foreign nationals and permanent residents. If you have been referred to the Canadian Immigration Division for a detention review or inadmissibility hearing and looking for assistance, give us a call or visit us in person and we are always here to help you!

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