An admissibility hearing is a proceeding before the Immigration Division (ID) to determine whether a foreign national or permanent resident is inadmissible to Canada under the Immigration and Refugee Protection Act (IRPA). Admissibility hearings arise when CBSA prepares a report under IRPA s 44(1) alleging that a person is inadmissible and the Minister refers that report to the ID for determination.

Admissibility hearings are adversarial — CBSA's counsel presents the case for inadmissibility, and the person (typically represented by counsel) responds. The ID member decides whether inadmissibility is established and, if so, what removal order to issue.

• IRPA s 44(1) — officer's report to the Minister: an officer who believes a person is inadmissible may prepare a written report for the Minister
• IRPA s 44(2) — referral to the ID: if the Minister believes the report is well-founded, the Minister may refer it to the ID for an admissibility hearing, or where appropriate may issue a removal order directly (for less complex cases)
• IRPA ss 34–42 — grounds of inadmissibility: security (s 34), human or international rights violations (s 35), serious criminality (s 36(1)), criminality (s 36(2)), organized criminality (s 37), health grounds (s 38), financial reasons (s 39), misrepresentation (s 40), non-compliance (s 41), inadmissible family member (s 42)
• IRPA s 45 — ID decision on admissibility
• IRPA s 33 — standard of proof for ss 34–37 grounds: reasonable grounds to believe
• ID Rules (SOR/2002-229) — hearing procedure, evidence, and disclosure

How a person comes before the ID

The path to an ID admissibility hearing is:

1. A CBSA officer believes the person is inadmissible and prepares an s 44(1) report
2. The Minister's delegate reviews the report and, if satisfied it is well-founded, refers it to the ID (s 44(2)) — or for straightforward cases involving foreign nationals (other than refugee claimants and protected persons), issues a removal order directly
3. The ID convenes an admissibility hearing

Direct removal orders (without an ID hearing) are issued by CBSA officers for foreign nationals found inadmissible for less serious grounds. Permanent residents and foreign nationals facing more serious inadmissibility grounds (security, serious criminality, organized criminality, human rights violations) are generally referred to the ID.

The hearing process

The admissibility hearing is adversarial. CBSA's counsel presents the case for inadmissibility — typically through documentary evidence and CBSA officer notes. The respondent (the person facing the hearing) may testify, call witnesses, and submit their own evidence. Both parties make legal and factual submissions to the ID member.

The hearing is recorded. The ID member may ask questions of both parties. Hearings are generally open to the public but the ID may close a hearing to protect sensitive information, particularly in security cases.

Burden and standard of proof

The burden of proof is on the Minister (CBSA) to establish inadmissibility — the respondent does not need to prove they are admissible. The applicable standard is:

• Balance of probabilities — for most inadmissibility grounds
• Reasonable grounds to believe — for the security, human rights violations, serious criminality, and organized criminality grounds (ss 34–37), as specified in IRPA s 33

Reasonable grounds to believe is a lower standard than the balance of probabilities — it requires more than mere suspicion but less than a probability finding.

Possible outcomes

The ID member may:

• Find the person inadmissible and issue a removal order — the type of removal order (departure order, exclusion order, or deportation order) depends on the ground of inadmissibility and the person's status
• Find the person admissible — no removal order is issued and the CBSA report is not confirmed

Appeals

Permanent residents and foreign nationals with permanent resident status in Canada who receive a removal order from the ID may appeal to the Immigration Appeal Division (IAD). Foreign nationals (non-permanent residents) generally do not have the right to appeal to the IAD (with limited exceptions). Persons found inadmissible on grounds of serious criminality (s 36(1)), security (s 34), human rights violations (s 35), or organized criminality (s 37) do not have access to the IAD.

Admissibility hearings involving security grounds (s 34) may involve sensitive security intelligence. The Federal Court's special advocate regime (under the Immigration and Refugee Protection Act) applies where classified information is used — a special advocate is appointed to cross-examine security intelligence witnesses without sharing that information with the respondent directly.

For current statistics on ID admissibility hearings, refer to the IRB admissibility hearing statistics page. For the hearing procedure guide, see the IRB admissibility hearings guide.