3. Learn about the inadmissibility process
If you're in Canada and the Canada Border Services Agency (CBSA) believes that you're , it sends an admissibility report to the (IRB) explaining why.
The report usually includes information about the crime you were charged with or of in another country. The CBSA sends you a copy of the report and any other it's relying on.
Permanent residents
If you're a and have been convicted of a in another country, the CBSA may send you a “fairness letter”. They do this before they write an inadmissibility report. This letter gives you a chance to ask the CBSA not to write the report.
This is complicated, so you should get legal help.
Admissibility hearing
The CBSA can ask the Immigration Division of the IRB to hold an . The IRB will give you a Notice of Hearing with the time and date for your .
Get legal help right away to understand how to prepare for your admissibility hearing.
At the hearing, the CBSA explains:
- why you're inadmissible, and
- why you should receive a to leave Canada.
The decision-maker from the Immigration Division, the CBSA, and your own lawyer or paralegal, will ask you questions. You can give your own evidence.
If the CBSA claims that you're inadmissible for a crime committed in another country, organized crime, security reasons, or abusing human or international rights:
- it's important that you understand the evidence they're relying on, and
- you must give your own evidence about why what they're saying is not true.
You might need from witnesses, including experts, and information about the conditions and the criminal law in the country you're coming from.
You must send any evidence, including information about witnesses, to both the Immigration Division and the CBSA at least 5 days before your hearing. The Immigration Division has rules about how to send in documents and how to present witnesses.
You may get the decision about your inadmissibility at the end of the hearing, or in writing in the mail.
Read more about what happens at the hearing in I’m a permanent resident convicted of a serious crime. What will happen?
