Be eligible to remain in or re-enter Canada.
An admissibility hearing is necessary when the Canada Border Services Agency (CBSA) has reason to believe that you should not be able to remain in or (re-)enter Canada.
Admissibility Hearings are held before the Immigration Division of the Immigration and Refugee Board of Canada (IRB).
The purpose of the hearing is for a Member (decision-maker) of the IRB to decide if you are admissible or not. If deemed to be admissible, you may enter or remain in Canada. If inadmissible, you cannot enter Canada and you must leave Canada if you are already in the country.
Although you can represent yourself in your hearing, TWA recommends you to hire counsel for help. Your counsel can be a lawyer or a registered immigration consultant.
The Immigration Division (ID) Member
The ID Member (decision-maker) is in charge of the hearing. The Member will start by introducing everyone and then explain the process of what is going to happen.
If you do not understand French or English, an interpreter will be available at the hearing to translate for you. If there is an interpreter at your hearing, the Members will confirm that you understand each other.
After hearing from both sides, the members will make their decision. The Member’s decision will be either that you are allowed to enter or remain in Canada or that you must leave Canada because you are inadmissible. The Member will usually give his or her decision and reasons at the end of the hearing. If not, the IRB will send you a copy of the decision and the reasons by mail shortly after the hearing.
What happens if the Member decides that you are inadmissible?
If the Member decides that you may not enter or remain in Canada (that you are inadmissible), he or she will issue a removal order.