Admissibility Hearings at the Immigration Division (2026)

Being inadmissible means you are not allowed to enter or remain in Canada. The grounds are in sections 34 to 42 of the Immigration and Refugee Protection Act (IRPA). An admissibility hearing is where an independent member of the Immigration Division decides whether the Canada Border Services Agency (CBSA) is right that one of those grounds applies to you. The CBSA is represented by Minister's counsel.

Admissibility hearing decisions by the ID in 2024-25

2,100

Held within 4 months, April to December 2025

80%

Before the hearing, for your documents and witnesses

5 days

Types of removal order

3

Not every report goes to a hearing. For a permanent resident, the Minister can refer a well-founded report to the ID, except when the only ground is the residency obligation; in that case an officer acting for the Minister makes the removal order. For foreign nationals, the regulations list many cases, such as overstaying or a criminal conviction in Canada, where the Minister's delegate makes the removal order without a hearing.

The point most people get wrong is the standard of proof. For security, human or international rights violations and organized criminality, section 33 only requires reasonable grounds to believe the facts, which is lower than proof in a criminal court. A person can be found inadmissible for membership in an organization without any criminal conviction.

Some grounds apply to everyone; others apply only to foreign nationals. The ground decides which removal order the ID must make, under section 229 of the Immigration and Refugee Protection Regulations.

Exceptions change the order. If you have made a refugee claim that was found eligible, or whose eligibility has not yet been decided, the ID makes a departure order instead of an exclusion order in several situations. An exclusion order becomes a deportation order if you were removed before on the same ground, broke an earlier condition, or have certain other convictions in Canada. A record suspension, an acquittal and youth sentences cannot be the basis for criminal inadmissibility.

A report on a foreign national also counts as a report on their family members in Canada, and the removal order can extend to them if they were told about the hearing and their right to be represented (IRPR section 227).

1. 1

   1. The officer's report

   An officer who believes you are inadmissible may write a report setting out the relevant facts under section 44(1) and send it to the Minister. An officer or the ID can impose conditions on you from this point, including a deposit or guarantee.

2. 2

   2. The Minister's review

   If the Minister's delegate finds the report well-founded, they refer it to the ID for a hearing, or, in the cases the regulations list, make the removal order themselves.

3. 3

   3. Disclosure and Notice to Appear

   The CBSA sends you a package of the documents it will rely on. The ID sends a Notice to Appear with the date and time. Hearings are scheduled as virtual hearings; you can connect from an IRB office or ask for an in-person hearing.

4. 4

   4. Prepare

   Ask the ID for an interpreter right away if you need one. Send copies of your documents, in English or French or with a translation and translator's declaration, to the CBSA and the ID at least 5 days before the hearing, and give notice of any witnesses at least 5 days before. The ID may hold a pre-hearing conference.

5. 5

   5. The hearing

   The member explains the process. Minister's counsel explains why the CBSA believes you are inadmissible, you or your counsel respond, and the CBSA can reply. You may be questioned by the member, your counsel and Minister's counsel. Most ID hearings are open to the public.

6. 6

   6. The decision

   The member usually decides at the end of the hearing. If not, the IRB sends the decision and reasons by email or mail. You can ask for written reasons at the end of the hearing, or in writing within 10 days after the decision takes effect.

You can represent yourself. If you pay someone, they must be a lawyer, a Quebec notary or a licensed immigration consultant (and consultants appearing at the IRB need the RCIC-IRB licence). A friend or relative can help for free. Hire counsel early: the ID can refuse to postpone if you did not plan for representation in time.

Under section 45, at the end of the hearing the ID must do one of four things: recognize the right of a citizen, registered Indian or permanent resident to enter Canada; grant permanent or temporary resident status to a foreign national who meets the requirements; authorize entry for further examination; or make the applicable removal order.

A removal order comes into force on the day it is made if there is no right of appeal, the day after the appeal period ends if you do not appeal, or when an appeal is finally decided against you. A permanent resident loses that status when the removal order comes into force, not on the day of the hearing. Removal orders against refugee claimants are conditional and come into force only on the events listed in section 49(2).

Time limits in effect on November 4, 2026:

1. At least 5 days before

   Your documents and witness details to the ID and the CBSA

   The CBSA must also send you its evidence at least 5 days before

2. End of hearing or 10 days

   Request written reasons

   Orally at the hearing or in writing within 10 days after the decision takes effect

3. 15 days

   Federal Court application for leave

   When there is no right of appeal to the IAD

4. 30 days

   IAD notice of appeal

   Or at once, to the ID member at the end of the hearing

5. 30 days after enforceable

   Leave Canada under a departure order

   Confirm your departure with the CBSA

The IRB does not publish a live processing time for admissibility hearings. In briefing material for March 2026, it said 80% of admissibility hearings in April to December 2025 were held within 4 months, and that intake rose 35% between 2023 and 2025. These are past figures, not a forecast for your case. People being removed must pay their own travel costs; if the CBSA pays, the government recovers the cost if you later seek to return.

Common reasons members find a person inadmissible, or reasons a defence fails:

• Foreign convictions: the member compares the foreign offence with a Canadian offence. If the Canadian equivalent is punishable by at least 10 years, it is serious criminality, even if the sentence abroad was short.
• Sentence over 6 months in Canada: a permanent resident sentenced to more than 6 months is inadmissible for serious criminality, and at 6 months or more loses the right to appeal to the IAD.
• Membership findings: for security and organized criminality, reasonable grounds to believe is enough, and membership can be found without proof of a personal crime.
• Misrepresentation: an omission can count if it could have induced an error. The finding brings a 5-year bar on applying for permanent residence.
• Non-compliance: working or studying without authorization, or staying past your authorized period.
• Late evidence and witnesses: documents and witness notices sent less than 5 days before the hearing may not be accepted.
• Untranslated documents: documents not in English or French need a translation and translator's declaration.

• If the member finds you are not inadmissible, contact the CBSA for next steps. The Minister can still appeal to the IAD within 30 days, and you can take part in that appeal.
• If you receive a removal order and have an appeal right, file the IAD notice of appeal within 30 days. Ask whether humanitarian and compassionate reasons apply to your case.
• If you have no appeal right, a lawyer can apply to the Federal Court within 15 days. The Court first decides whether to grant leave.
• Keep your address current with the CBSA, follow any conditions, and do not ignore a call-in for removal. Under a departure order, confirm your departure within 30 days or it becomes a deportation order.