A foreign national or a permanent resident of Canada might not be allowed to enter or remain in Canada if such person:
- Has failed to comply with Canada's immigration law
- Poses a security threat to Canada
- Has violated human or international rights
- Has been involved in crime or organized crime
- Has misrepresented himself/herself to Canadian immigration officials
- Has a serious health condition
- Does not have enough money to support himself/herself in Canada
- Is a close relative of someone who is inadmissible (e.g. dependent children may become inadmissible, in some cases, if their parents are inadmissible)
Inadmissible foreign nationals or permanent residents of Canada may be asked to appear at an immigration admissibility hearing.
Immigration Admissibility Hearings
Admissibility Hearings are conducted to consider the question of whether a person is admissible or inadmissible to Canada, and if such person should remain in Canada or be allowed to enter Canada.
If person is in detention, his/her admissibility hearing may be held on the same day as his/her detention review.
Canada Border Services Agency (CBSA) Officers may detain individuals if they are suspected to have breached Immigration and Refugee Protection Act (IRPA). The reason for detention (immigration hold) can be that the person concerned:
- Poses risk/danger to the Canadian public
- Unlikely to appear for immigration proceedings (such as admissibility hearing or removal from Canada)
- Cannot establish his/her identity
Detention Reviews are held by the Immigration Division (ID) of the Immigration and Refugee Board (IRB). In criminal proceedings, a procedure similar to Detention Review is called Bail Hearing. Detention Reviews are held at the following intervals:
- Detention Review 48 hours after initial detention
- Detention Review 7 days after the first Detention Review
- Detention Reviews every 30 days after the second Detention Review
As a result of a successful Detention Review, a detained person may be released with or without conditions and with or without bondsperson's guarantees in the form of cash bond and/or performance bond.
Cash Bond (Cash Deposit):
- Cash Bond is a certain amount of money to be paid to CBSA as a guarantee of compliance with conditions of release
Performance Bond (Guarantee):
- Performance Bond is signed by a Bondsperson (guarantor) who gives a promise to pay a certain amount of money to the Government of Canada if detained person breaches imposed conditions of release after his/her release
Appeal of Removal/Deportation Order
Permanent residents of Canada may be entitled to appeal removal/deportation orders issued against them as a result of admissibility hearing. Such removal/deportation order appeals are filed at Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB). In some cases permanent residents may loose their right to appeal (for example, as a result of convictions for serious criminality).
Overcoming Criminal Inadmissibility
People who are inadmissible to Canada due to their past criminal activity may be eligible to submit an appropriate application in order to overcome such inadmissibility and be admitted to Canada. One of the following applications should be submitted to the relevant Canadian authorities depending on particular circumstances of the case:
- Temporary Resident Permit
- Criminal Rehabilitation