When Immigration Authorities Step In

It may come as an unpleasant surprise when you receive a notice that the Canada Border Services Agency (CBSA) is questioning your right to remain in or enter Canada. An immigration hearing can be requested for permanent residents and foreign nationals, and is a formal legal procedure before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB). It’s more than an informal interview, and the outcome could include a removal order. 

An immigration hearing lawyer can prepare your case and present your defence throughout the hearing process. 

The Two Main Types of Immigration Hearings

The ID conducts two primary types of hearings under the Immigration and Refugee Protection Act (IRPA):

  • Admissibility hearings: When the CBSA believes a foreign national or permanent resident is inadmissible under the IRPA. Minister’s counsel presents the case for removal. The individual and their lawyer respond with evidence and legal submissions. The outcome is either authorization to enter/remain, or a removal order.
  • Detention reviews: When someone is detained by the CBSA, the ID must review the grounds for detention. The first detention review occurs within 48  hours, the next within 7 days, and every 30 days thereafter. The outcome is either release from detention or continued detention.

Common Grounds That Trigger a Hearing

Hearings may be triggered under the IRPA due to:

  • Serious criminality: Including Canadian and foreign convictions with a maximum sentence of at least 10 years or over 6 months served.
  • Misrepresentation: Providing false or misleading information to immigration authorities. 
  • Security concerns: Allegations of espionage, terrorism, or threats to public safety. 
  • Failure to establish identity: If immigration authorities can’t confirm your identity, you may be held in immigration detention in Surrey until your identity is established.  
  • Non-compliance: Not adhering to conditions of a visa or permit. 

How Counsel Prepares and Represents You

An IRPA lawyer may assist at every stage:

  • Before the hearing: Review CBSA disclosure, gather documents, prepare testimony, identify procedural or Charter issues. 
  • During the inadmissibility hearing in BC: Cross-examine Minister’s counsel’s evidence, present counter evidence, make legal arguments. 
  • During the detention review: Challenge continued detention based on identity, flight risk, or danger to the public. Propose alternatives like a cash deposit or a bondsperson. Ensure the mandatory review timeline is adhered to.

Where allegations involve criminal inadmissibility due to drug offences, legal advice addressing the criminal and immigration consequences is crucial. 

FAQs

Can the CBSA detain me even if I have not been charged with a crime? 

Yes. Immigration detention is based on the IRPA, not just on criminal charges. 

Can permanent residents still face a removal order? 

Yes, permanent residents may face removal if they’re found inadmissible under the IRPA. They have the right to appeal to the Immigration Appeal Division.

What happens if the Immigration Division rules against me? 

You may be issued a removal order, which you may appeal depending on your status and the grounds for inadmissibility.

Can a lawyer help stop my removal while my case is being reviewed? 

Depending on the circumstances, a deportation lawyer in Surrey may pursue legal remedies or requests to delay removal.

Get In Contact With An Immigration Hearing Lawyer Today

Immigration hearings are formal legal proceedings that may affect your ability to live and work in Canada. 

Do not face an immigration hearing without experienced legal representation. If you need urgent Surrey legal advice regarding an admissibility hearing or immigration detention, contact Basra Law Group at 604-560-0016 to consult with an experienced immigration hearing lawyer today.