3. Learn about the inadmissibility process
Question & Answer
I’m not a Canadian citizen. What happens if I commit a crime in Canada?The inadmissibility process depends on:
- whether you're a or , and
- why you're thought to be .
Admissibility reports
If the Canada Border Services Agency (CBSA) believes that you're inadmissible to Canada, it prepares an admissibility report. The report usually includes information about the crime you were of.
There are 2 actions that the CBSA can take.
The CBSA may send the admissibility report to the (IRB). The CBSA should also send you a copy of the report and any other they're relying on. This gives you a chance to respond to the report.
But if you're a foreign national, the CBSA can choose to make an inadmissibility decision without sending you or the IRB their report. This means you may be given a without the chance to respond to the admissibility report.
Responding to an admissibility report is complicated, so you should get legal help.
Permanent residents
If CBSA has a reason to think you're a permanent resident who's inadmissible, they may send you a “fairness letter”. They do this before they write an admissibility report. This letter gives you a chance to ask the CBSA not to write the report.
Responding to a fairness letter 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 the .
At the hearing, the CBSA explains:
- why you're inadmissible, and
- why you should get a removal order 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.
There are usually many important arguments that can be made at your admissibility hearing. Get legal help right away to understand how to prepare for your admissibility hearing.
If you're a permanent resident who's been convicted of a , the CBSA will usually decide you should have an admissibility hearing. In that case, there's usually not very much you can say at this hearing, unless:
- there's a mistake about the crime you were convicted of, or
- the information about your is wrong.
But this rarely happens.
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?
