What Is An Admissibility Hearing?
A hearing on admissibility is a quasi-judicial legal procedure. It’s not a trial before a judge. However, it is an inquiry in which you and the Immigration Refugee Board (IRB) decide if you are eligible to remain within Canada and if you are eligible to stay. There are two parties in opposition those who believe the individual to be inadmissible Canada and the Minister’s counsel representing Canada’s Government of Canada. The counsel of the Minister explains the reason why the person believed to be inadmissible is not allowed to remain or enter Canada. The person who is believed to be inadmissible or their counsel, responds to these assertions. After examining all evidence the IRB member IRB takes a decision, and issue an injunction.
Then, the order obliges the person to leave Canada or allows the individual to stay or enter Canada. Hearings on admissibility, although infrequent compared with court cases they are extremely important and carry serious consequences. As with all legal matters make sure you are advancing the course of your strongest legal argument.
When Admissibility Hearings Occur
The need for Admissibility Hearing lawyers for two different situations. The first occurs when someone is trying to be admitted to Canada but Canada and the Canada Border Services Agency (CBSA) decides that they are not admissible to Canada.
Second, if an individual is located in Canada and he/ is believed to not admissible due to the fact that they or they have not been able to adhere to IRP or has violated international or human rights, was involved in organized or criminal crime, poses a security risk to Canada or has made a false representation or has a medical issue that renders him unadmissible to Canada.
Common Reasons Why People Are Inadmissible
Criminal convictions or offence In Canada or elsewhere
Criminal convictions can make it difficult to get into Canada. Based on the charges, the degree of equivalency to Canada and what the offense and a criminal record charges can be a significant obstacle to entry into Canada. If you are not granted a criminal rehabilitation is not a guarantee of success when it comes to obtaining or staying in Canada.
Member of a criminal organization
Criminal organizations are comprised of those who belong to groups that deal in money laundering or smuggling operations. They also include human trafficking groups, and so on.
People who commit acts of terror
In general generally speaking, generally speaking, the Government of Canada does not wish to see people who commit terror acts within Canada.
Inadmissibility to medical treatment
The Canadian Government typically denies admission to Canada to those who are medically inadmissible for three reasons:
- A risk to the health of the public,
- an imminent threat to safety for the public or
- in the event that it is reasonable to expect an excessive demand for health or social services that are reasonably anticipated to result in a high demand for social or health services Canada. For example, medical conditions which are anticipated to require more public money than the budget typically available to those who are Canadian permanent or citizen typically result in an accusation or finding that a medical condition is inadmissible to Canada.
Financial inadmissibility
Foreigners who are deemed by the government are unable to manage their finances in Canada cannot remain or enter Canada. In certain instances the admissibility hearing lawyers will show that you’re able to.
Incorrect representations in immigration applications
If you are found to have made a false representation in any application filed under Canadian immigration law, you may be refused admission to Canada or the right to remain in Canada if you’re currently reside in Canada. In general the act of not disclosing information could be treated in the same way as misrepresenting facts.
Detained Until The Hearing?
If immigration officials decide that there’s a possibility you’ll miss your hearing, or you are a danger to Canadians and their citizens, they could hold you indefinitely until the hearing. In certain cases they may detain people who are unable to establish their identity. They also suspect that someone has falsified identity documentation.
Burden Of Proof In Admissibility Hearing
At an admissibility hearing, it is the counsel of the Immigration Minister who makes the application against an person. According to Canadian law it is the Minister must establish the facts against the person. In particular, the Minister’s Counsel needs to show that the person isn’t acceptable to Canada. The burden of proof is according to the odds the person isn’t admissible. In plain English it means that if there is higher than 50/50, which means is not admissible and they are then subject to deportation.
If there are serious charges, like the person being is accused of being part of a criminal group, the burden falls to an Attorney General. In such circumstances, the Minister’s counsel only needs to prove that there are sufficient grounds to believe that the person is a member of a criminal group. In addition, because that the weight of evidence being so minimal, it is essential to engage an admissibility lawyer to ensure the proper representation.
Consequences of Admissibility Hearing Decisions
There are two possibilities for Admissibility Hearings:
- Positive decision: This is the best result. This means that there are no additional restrictions on living in Canada (or the entry into Canada) will be in effect.
- Get an Order for Removal to be removed from Canada
Remove order
Immigration authorities , also known as The Immigration Refugee Board issue removal orders. There are three kinds that are issued by removal authorities:
The order to depart
An order to leave is a removal order that has the least severe consequences. If the person who is the subject of the departure order obeys the deadline within 30 days of when it is in effect and is in compliance, the person is not subject to exclusion from Canada and can seek return at any point as long as he/she is in compliance with the usual visa requirements for citizens of their home country. Then, 30 days later, the departure order will automatically be an expulsion order. This comes with the grave consequences that are described below. It is vital that people who are subject to departure orders seek expert counsel from a lawyer in order to be aware of when the order could be in force and know the implications of failing to declare their departure prior to the date specified.
Order to deport
Deportation orders are the removal orders that carry the worst consequences. Anyone who is removed pursuant to an Deportation Order cannot return to Canada without first having the Authorization to Return to Canada (ARC). Deportation Orders are issued based on evidence of grave criminality, national security issues or when it is determined that the person’s the status of an immigration applicant to Canada was obtained through directly or indirectly lying or concealing material facts. Deportation Orders can also be issued in specific instances where the person is the subject of multiple exclusion orders or when they did not leave Canada within the time frame for which when a deportation Order was in effect.
Order of exclusion
Anyone who is subject to an Exclusion Order is exiled out of Canada between one and five years after the date of their departure, contingent on the cause for the exclusion. The majority of violations of the immigration law and regulation, including not having a status or working without authorization, or presenting false details will typically result in an exclusion orders. Although there are instances when the Immigration and Refugee Board issues several exclusion orders after an hearing however, immigration officers are the ones who issue the majority of exclusion notices.
Votive departure
Removal orders shouldn’t be confused with “voluntary departure”. In many instances officers make it clear that they do not want to permit someone to be in or stay in Canada. The officer then decides to permit the individual to leave the country without making them the recipient of a removal order. An “voluntary departure” often significantly favors the person who is concerned. It gives you the chance to take a trip out of Canada and then return when you have addressed the officer’s concerns.
If you’re given the option of “voluntary departure” but want to remain in Canada We strongly recommend that you contact Admissibility Hearing lawyers before rejecting the invitation of the official.
Appealing Hearing Decisions
If you self-represented and are denied a request there is an appeals process.
This involves appealing before an immigration Appeal Division. Our team of immigration and litigation assists clients in appeals.
What Our Admissibility Hearing Lawyers Do For You
The procedure that lawyers use in an admissibility hearing to show that you are admissible consists of the following steps:
- Initial consultation to allow the lawyer who will be hearing your case to evaluate your case, the issues , and determine the best method of proceeding.
- We will then provide you with the list of documents to collect. Based on the situation, the documents include reports, proof for rehabilitation documentation and so on.. There is a requirement to submit all evidence within 5 days before the hearing.
- In order to conduct an admissibility hearing, your lawyer is required to submit an Affidavit. An affidavit is a formal swearing statement that contains all the evidence needed to prove your admissibility.
- Then, your lawyer will draft an argument or a submission to the members of the panel to back up your argument.
- In certain cases we find that witnesses have backed your claim. In this instance, we arrange witnesses to be present at the hearing. It is a requirement to provide all witnesses’ names at a minimum 5 days before the hearing.
- When you are preparing for the hearing Our immigration lawyers can seek a temporary residency permit that allows you to remain in Canada.
Getting Help From Admissibility Hearing Lawyers
While having lawyers isn’t a requirement in all cases, legal questions require arguing at the time of the hearing. You must gather sufficient evidence to support your case. The lawyer for the Minister will attend the hearing to ask questions and to make extremely convincing argument against your. We strongly suggest that you retain an experienced lawyer to represent you to increase your odds of success. Admissibility Hearing attorneys can assist.
If you are facing any type of decision that will remove you or someone else from Canada Contacting our lawyers for admissibility hearing immediately is crucial. team is here to assist you.