Notice to Appear (NTA)
Statutory definition
IRPA s 44(1) provides that an officer who is of the opinion that a permanent resident or foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts. Section 44(2) provides that the Minister may refer the case to the Immigration Division for an admissibility hearing. The Notice to Appear is the procedural document informing the person of the hearing date, location, and the ground of inadmissibility to be heard.
Explanation
An NTA is a serious document — it initiates a formal enforcement proceeding that may result in a removal order. Persons who receive an NTA should seek legal representation immediately. The Immigration Division hearing is an adversarial proceeding: CBSA presents the case for inadmissibility and the respondent can challenge the evidence and make submissions. Permanent residents have a stronger set of procedural rights at an admissibility hearing than foreign nationals and may be able to appeal to the IAD if a removal order is made.