The Immigration Division conducts admissibility hearings for certain categories of people believed to be inadmissible to, or removable from, Canada under the law. It also conducts detention reviews for most persons being detained under the Immigration and Refugee Protection Act.
Foreign nationals or permanent residents who are believed to have violated the Immigration and Refugee Protection Act (IRPA) are often subject to removal orders or required to appear at admissibility hearings before the Immigration Division (ID) of the Immigration and Refugee Board of Canada (IRB).
A person may not be able to enter or remain in Canada if the ID determines that he or she:
- has failed in some way to comply with IRPA
- is a security threat
- has violated human or international rights
- has been involved in crime or organized crime
- has engaged in misrepresentation, such as claiming a false identity
- has a health condition (in some cases)
- does not have enough money to support him or herself, or
- is accompanying an inadmissible family member
The CBSA may choose to detain a foreign national or permanent resident for the following reasons:
- is unlikely to appear for a hearing or removal,
- is a danger to the public or has violated human or international rights, or
- has not established her identity.
Once you are detained, the CBSA will notify the Immigration and Refugee Board of your detention. The first step is to retain counsel to represent you. Within 48 hours of being detained, a member of the Immigration Division will review the reasons for your detention and decide whether there is a reason under the Immigration and Refugee Protection Act to continue detention or whether you should be released.