Admissibility hearing
Statutory definition
Section 44(2) of the Immigration and Refugee Protection Act, SC 2001, c 27, provides that when a report is referred to the Immigration Division, the Division must hold a hearing and determine whether the person is inadmissible. If inadmissible, the Division may make a removal order.
Explanation
An admissibility hearing is conducted by a single ID member. The Minister (through the Minister's representative, a CBSA officer) presents the evidence of inadmissibility. The respondent (the person subject to the hearing) may be represented by counsel and may call evidence and make submissions.
Not all inadmissibility reports lead to ID hearings — officers may make removal orders directly for certain categories (e.g., those who have entered Canada without a required visa). More serious grounds (security, serious criminality, organised crime) are referred to the ID.
How this term is used
Admissibility hearings are proceedings with full legal rights (representation, disclosure, ability to call evidence). The outcome — a removal order or a finding of admissibility — may be appealed to the IAD in most cases. Understanding the type of removal order (departure, exclusion, deportation) issued at an admissibility hearing is critical for assessing appeal and re-entry options.