Inadmissibility report (s 44 report)
Statutory definition
Section 44(1) of the IRPA authorises an officer to prepare a report on inadmissibility where there are reasonable grounds to believe a permanent resident or foreign national in Canada is inadmissible. The report is submitted to the Minister's delegate who decides whether to refer the matter to the Immigration Division for a hearing or (for straightforward cases) to issue a removal order directly under s 44(2) without a full hearing.
Explanation
The s 44 report is the first step in most enforcement proceedings. It can result in a direct removal order (for foreign nationals in straightforward cases) or referral to the Immigration Division. Persons who receive notice of a s 44 report should seek legal advice immediately. The referral to the Immigration Division gives the person the opportunity to contest the facts and legal characterisation of inadmissibility at a hearing.