The section 44 inadmissibility report is the mechanism through which Canadian Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) officers initiate formal inadmissibility proceedings against a foreign national or permanent resident in Canada. The process is governed by IRPA section 44, which distinguishes between the preparation of the report (s 44(1)) and the review by a Minister's delegate and potential referral to a hearing (s 44(2)).

An A44 report is not in itself a removal order — it is the starting point for a process that may ultimately result in a removal order being issued following an admissibility hearing before the Immigration Division (ID) of the IRB, or in certain cases, through a streamlined process for less complex matters.

• IRPA s 44(1) — an officer who is of the opinion that a permanent resident or foreign national who is in Canada is inadmissible may prepare a report and submit it to the Minister
• IRPA s 44(2) — the Minister's delegate reviews the report and may refer the matter to the Immigration Division for an admissibility hearing, or may issue a removal order if the ground of inadmissibility is of a prescribed type
• IRPA s 45 — proceedings before the Immigration Division
• ENF 5 — Writing 44(1) Reports — CBSA/IRCC enforcement manual on drafting A44 reports: canada.ca/enf05
• ENF 6 — Review of reports under A44(2) — guidance for Minister's delegates: canada.ca/enf06

The A44(1) report — officer's role

An IRPA s 44(1) report is prepared by a CBSA Inland Enforcement Officer (or in some contexts, an IRCC officer) who forms an opinion that a foreign national or permanent resident in Canada is inadmissible on one of the grounds in IRPA ss 34–42 (security, human rights violations, serious criminality, criminality, organised criminality, health, financial, misrepresentation, non-compliance, or inadmissible family member). The report sets out the facts as the officer understands them and identifies the specific ground(s) of inadmissibility.

CBSA's Inland Enforcement Officers conduct proactive investigations and respond to referrals from IRCC and law-enforcement partners. High-risk cases — persons inadmissible on security, human rights violations, serious criminality, or organised criminality — are prioritised. The A44(1) report is an administrative document, not a criminal charge.

The A44(2) review — Minister's delegate

Once an A44(1) report is prepared, it is reviewed by a Minister's delegate — a CBSA or IRCC officer who has been delegated the authority to act on behalf of the Minister of Public Safety (for CBSA matters) or the Minister of IRCC. The Minister's delegate conducts a fact-finding review and decides whether:

• To refer the matter to the Immigration Division for a formal admissibility hearing; or
• To issue a removal order directly (in cases involving prescribed less complex grounds of inadmissibility where a hearing is not required, such as certain non-compliance or misrepresentation cases); or
• To take no further action (for example, if the evidence does not support the report)

Admissibility hearing before the Immigration Division

Where the matter is referred to the Immigration Division (ID) of the IRB, an admissibility hearing is held. The ID is an independent quasi-judicial tribunal. At the hearing:

• The Minister (represented by a CBSA officer or Hearings Officer) presents the case for inadmissibility
• The affected foreign national or permanent resident has the right to be heard and to be represented by counsel
• The ID member makes a determination on admissibility

If the ID finds the person inadmissible, it issues a removal order. The type of removal order depends on the ground of inadmissibility and whether the person is a permanent resident or a foreign national.

Consequences and appeals

A removal order from the ID may be appealed to the Immigration Appeal Division (IAD) — but this right is not available in all circumstances. Foreign nationals found inadmissible on serious criminality grounds (IRPA s 36(1)) who receive a deportation order have no IAD appeal right. Permanent residents generally have broader appeal rights. For details on IAD jurisdiction in removal order appeals, refer to the IAD removal order appeal page.

The s 44 process is an administrative process — it is not a criminal prosecution. A finding of inadmissibility does not create a criminal conviction. However, the consequences (removal, loss of permanent residence) can be severe, and persons facing an A44 report should seek legal advice promptly. The right to counsel exists from the admissibility hearing stage, and in some circumstances, earlier.

As of 2026, CBSA is removing approximately 400 inadmissible individuals per week and has received significant additional funding to increase removal capacity. The government has indicated a focus on enforcement, particularly for persons inadmissible on security and serious criminality grounds.

For the current ENF manuals (ENF 3, 5, 6, 22 and others) governing enforcement procedures, refer to the IRCC operational bulletins and manuals page.