The Immigration Division is a tribunal branch of the Immigration and Refugee Board.
Have you been referred to the Immigration Division?
Hearings before the Immigration Division are grouped into two categories: Admissibility Hearings and Detention Reviews. Hearings can arise in the following circumstances:
Admissibility Hearings
a) If you are trying to enter Canada and you are alleged to be inadmissible
b) If you are in Canada and are removable due to alleged inadmissibility
Detention Reviews
c) If you are detained under the Immigration and Refugee Protection Act (IRPA)
Admissibility Hearings
Generally, inadmissibility hearings are requested by Canada Border Services Agency (CBSA) officials because they are of the opinion that a foreign national or a permanent resident has breached IRPA and therefore is no longer admissible to Canada. CBSA officials may make a report (known as a S.44(1) report) detailing the grounds on which they believe an individual is inadmissible to Canada. The report is sent to the Minister’s Delegate who will then decide if the report is well-founded and if so, may refer the permanent resident or foreign national to the Immigration Division for an admissibility hearing or issue a removal order.
The steps at a admissibility hearings in most cases are as follows:
i) A person who is in Canada or tries to enter Canada is found inadmissible by CBSA or IRCC
ii) S.44 report may be prepared and sent to Minister’s Delegate
iii) Minister’s Delegate issues a removal order
OR
iv) Minister’s delegate refers case to Immigration Division
v) Individual attends hearing at the Immigration Division
vi) Individual is allowed to enter/remain in Canada. The individual may be granted entry to reside in Canada or may be granted entry for further examination before a final decision is made.
OR
vii) Removal Order is issued
At the hearing, the burden is on the Minister to prove that a permanent resident or foreign national (the person concerned) is inadmissible to Canada. The hearing is held before an impartial member of the Immigration Division. The Member will assess the submissions and evidence submitted by the person concerned (or counsel), the Minister, as well as testimony from any witnesses. There are a number of inadmissibility grounds under IRPA for which the CBSA may refer you to the Immigration Division.
a) S. 34(1) of IRPA – Security grounds. Security grounds cover allegations of espionage, terrorism, being a danger to the security and/or peoples of Canada or being part of an organization that has, is or will engage in such activities.
b) S. 35(1) of IRPA – Human or International Rights Violations.
c) S. 36(1) and (2) of IRPA – Serious Criminality and Criminality. This section of IRPA allows CBSA to potentially refer individuals who engage in criminal activity to the Immigration Division for an admissibility hearing. The main difference between Serious Criminality and Criminality lies in the offence. A foreign national or permanent resident who has been convicted of a crime that carries a maximum sentence of at least 10 years OR was sentenced to a term of imprisonment of at least 6 months is considered to be inadmissible due to serious criminality. If the conviction occurred outside of Canada and, had it been committed in Canada, would’ve resulted in a conviction with a maximum sentence of 10 years or more, the individual can be found to be equally inadmissible.
d) S. 37(1) of IRPA – Organized Criminality. Allegations under this ground or based on a belief that a permanent resident or foreign national is a member of an organization that has, is or will engage in activities organized by a group of people in an effort to commit a criminal act. This section also covers engaging in transnational crime such as human trafficking and money laundering.
e) S. 38(1) of IRPA – Health Grounds. Where a foreign national has been found to likely be danger to public health, safety or might reasonably be expected to cause excessive demand on health or social services. The threshold for excessive demand changes from year to year. As of 2022, the public policy threshold was $24,057 CAD per year. Exceptions to this category can be made if the individual is a member of the family class, convention refugee or a protected person.
f) S. 39 of IRPA – Financial Reasons. Financial inadmissibility can be used as a ground for inadmissibility where it is deemed an individual is unable or unwilling to support themselves and/or their dependants and have not convinced an officer that arrangements have been made for support so that there will be no resort to social assistance.
g) S. 40(1) of IRPA – Misrepresentation. A finding of inadmissibility under this section carries a bar to Canada of 5 years. Misrepresentation occurs when a permanent resident or foreign national directly or indirectly misrepresents or withholds material facts that results in or may result in an error in the administration of IRPA. If the person concerned was sponsored by someone who has been deemed inadmissible for misrepresentation, that person is also inadmissible.
h) S. 41 of IRPA – Non-compliance with the Act.
i) S. 42(1) of IRPA – Inadmissible Family Member. This section covers foreign nationals, not including protected persons, that are an inadmissible family member or are accompanying an inadmissible family member.
If a finding of inadmissibility is made, a removal order will be issued. For more information on removal orders, click here . You may (depending on the grounds of inadmissibility) be eligible for an appeal at the Immigration Appeal Division. For more information on the Immigration Appeal Division, click here. You make also seek to challenge the removal order to the Federal Court. For more information on the Federal Court, click here.
Detention Reviews
CBSA may detain foreign nationals and permanent residents on various grounds. The CBSA officer may believe the individual is a danger to the public, and/or is unable to establish their identity and/or will not appear for an examination, or an inadmissibility hearing or for removal from Canada. The CBSA officer may also detain an individual if there are reasonable grounds to believe the individual is inadmissible for security, human or international rights violations, serious criminality, criminality or organized criminality.
The government has designated facilities for immigration detainees that are designed to be minimum security. Immigration detainees may also be held in provincial correctional facilities where required. The Immigration Division determines whether there is sufficient reason to continue detention. Within 48 hours of being detained (or as soon as possible thereafter), the Immigration Division will hold a detention review to review the reasons for detention. At a Detention Review, the Minister’s counsel will try to justify why continued detention is required while the detainee and/or counsel will argue for release. At the hearing, the Immigration Division Member must determine if the continued detention of an individual is justified under the following grounds.
It is reasonably likely that the individual will not appear for an examination, hearing or removal. To determine if an individual is a flight risk, the Member will look at several factors including if the person is a fugitive for committing a criminal offence in another country that would be a crime in Canada. The Member may also assess if the individual has voluntarily complied with previous departure orders, scheduled hearings, examinations or conditions imposed. The Member may also assess if the person has a fixed place of residence in Canada, if sureties (bondsperson) can be provided, if the detainee is credible or if there is an alternative to detention.
The Individual is a danger to the public. To determine this the Member will review if the individual is a danger to the public or security of Canada. They will also assess if the individual is part of a criminal organization, has been convicted of a sexual offence or an offence involving violence or weapons. The Member will also review if the individual has a conviction for trafficking, importing, exporting or producing a controlled drug or substance. Any convictions outside of the country that would fall under one of these categories are also factored into the decision. Conduct with CBSA officers or related authorities, tribunals will also be considered.
Detention may be imposed on a foreign national where identity cannot be established and identity must be established to make determinations on any safety, security or inadmissibility concerns. The Member may also consider how cooperative the individual was in helping establish identity and if multiple identities have been used in the past.
Lastly, an individual may be detained if the person might be inadmissible to Canada for security reasons or because of a violation of human or international rights, serious criminality, or organized criminality. The Member will only consider whether the CBSA has a reasonable suspicion of this inadmissibility and is taking the necessary steps to investigate it.”
When determining if detention is appropriate, the Member will also consider the reason for detention, the duration of detention, any elements that can help determine how long the individual will be detained, any unexplained delays or lack of diligence on the part of the CBSA or the detainee and if there is an alternative to detention. A decision will then be rendered after all the evidence of testimony is reviewed and heard.
If detention is ordered to be continued after the initial detention review, another detention review will be conducted with 7 days and then, if detention is continued again, a new detention review will occur at least once every 30 days for the duration of the detention. The detainee may request a detention review early, but must provide reasons to support the request. At each detention review, the above issues will be assessed. Where the Member is satisfied that detention is no longer reasonable, the detainee will be released and will often be subject to conditions such as reporting to the CBSA.
What to do next
If you have been referred to the Immigration Division for an inadmissibility hearing, have been found inadmissible and want to appeal or have a detention review approaching and would like assistance, we encourage you to contact Bellissimo Immigration Law Group PC
Very professional, fast response time.
Excellent service
Mark Rasmussen
1 month ago
I recently needed a consultation only with Bellissimo Immigration Law Group.
They were punctual and quite insightful as to my situation and thorough. I never felt rushed and also had a second colleague of theirs enter the consultation to confirm everything we had discussed. I will iuse them in the future. Spectacular.
Canadian Greeb
4 months ago
Nice law firm
Very nice staff
Slowly but surely
Carol
4 months ago
I had a truly excellent experience with Bellissimo Immigration Law Group. Keely is knowledgeable, warm, and incredibly detail-oriented, and Mario brings a wealth of experience and insight.
I was helping my son’s nanny navigate a very complex immigration situation. She had been living with us in Canada for three years when we began her permanent residency application. During the process, we discovered an issue with her original work permit application. While it was an honest mistake, we knew it could have serious implications and wanted to handle it carefully.
We consulted several immigration lawyers, and most advised that it would be a difficult case. Many suggested submitting an explanation and hoping for the best. The Bellissimo team also acknowledged the challenges but recommended a different approach — applying on Humanitarian and Compassionate (H&C) grounds. Mario had experience with this path and believed it would give us a stronger chance of success.
The application process was thorough and required a significant amount of work. Keely guided us every step of the way. In total, we submitted over 80 supporting documents, many beyond the basic requirements, to fully demonstrate our nanny’s life in Canada and her contributions to our family and community. Keely and Mario also prepared a comprehensive submission that tied everything together clearly and persuasively.
Due to COVID backlogs and changes in immigration policies, the process took several years. Throughout that time, the Bellissimo team continued to check in and monitor our file — they truly don’t just submit and walk away, which we really appreciated.
We are so happy to share that our nanny has now received her permanent residency. Looking back, I am convinced that their strategy, attention to detail, and dedication made all the difference.
I would highly recommend Bellissimo Immigration Law Group, especially for anyone dealing with complex or non-straightforward immigration cases.
Amanda Suckra
6 months ago
"When our spousal sponsorship was denied due to a large age gap, we felt judged and defeated. Bellissimo Law Group changed everything. Alexandra Goncharova and her team are absolute experts in these sensitive cases; they didn't just provide legal advice—they gave us our future back.
Alexandra was meticulous, fearless, and prepared us so thoroughly that our refusal was successfully overturned. If you are facing a complex appeal where the odds seem stacked against you, Bellissimo is the firm you need, Highest recommendation!"
Kenneth Perry
8 months ago
Bellissimo Immigration Law Group made a complex process feel clear and manageable. Their team was professional, attentive, and genuinely committed to helping me succeed. I always felt informed, supported, and in excellent hands. I’m truly grateful for their work and highly recommend them.
Nasir Khan (Nasikan)
8 months ago
I had an excellent experience working with Alexander on my IAD appeal. She guided us through every step with patience, clarity, and professionalism. The way she prepared us for the interview and handled the hearing was truly impressive. Our appeal was approved, and we’re extremely grateful for her hard work and dedication. Highly recommended!
James Christie
9 months ago
Lisa Fletcher
9 months ago
I am thankful that I was able to use the services of Bellissimo Law Group. Hannah, my immigration attorney, walked me through every step and answered every question I had. The process was made so much easier with her help and we achieved success! I am now a Canadian citizen! Thank you, Hannah and the team at Bellissimo.
Abeer Malik
9 months ago
My mother’s super visa was initially rejected when I applied on my own. However, with the help of lawyer Lijing Cao and immigration consultant Shuai Dong, her visa was successfully approved. They did an amazing job the entire process was seamless, and their communication was always prompt and professional. I highly recommend them 100%!
ARAFAT MUNSHI
10 months ago
Really helped me clarify a lot of things.
Nickeisha Delisser
10 months ago
I am deeply grateful to Bellissimo Immigration Law Group PC for assisting me during one of the most challenging periods in my life. When all seemed lost and there was a very high possibility that I might have to leave Canada, they took on my case with such care, professionalism and expertise. They guided me through the federal appeal process with confidence and compassion and secured approval for my permanent status in Canada.
As I have utilised other legal services before Bellissimo, I can assure you, where others fall short, they deliver.
AK
11 months ago
Very helpful and knowledgeable people. You do have to stay on top of things but overall I found them very supportive and involved in my case.
kala Mulqueeny
11 months ago
Mario Bellissimo and Keely Anderson are outstanding professionals. I couldn’t recommend them more and would give 6 stars if I could. My experience with them demonstrated to me why they are so consistently and highly ranked by their peers. I am a New York Attorney and Australian lawyer myself so can be harder to please with legal related services than perhaps others, but this firm was exceptional.
I was assisting a close friend with a Canadian visa application . From our first call with each of them they drilled down into the details of her case and gave more than the allocated time to truly understand the situation prior to providing advice. It was a complicated case and not unreasonably, they indicated the odds of success / failure of a successful visa application were even. But they assured us they would try their darndest to help ! Their experience was obvious and they imbued confidence in their knowledge of Visa law and procedures as well as how it practically operated within the IRCC.
We had previously contacted three other immigration agents all of whom indicated that without misrepresentating the situation, the odds of my friend getting a visa were very low. A fourth lawyer we had spoken to had recommended an honest pathway to applying, but was very hazy on strategy. We did not feel comfortable with any of them.
Bellísimo recommended we provide the IRCC with full disclosure and an explanation - which is how we proceeded. We then proceeded to comprehensively document the situation and received an extensive supporting legal advice to the IRCC from Bellísimo, which distilled the extensive evidence we were able to gather.
Although we understood there were no guarantees as to success, with Bellísimo lawyers’ guidance we felt rest assured that we ultimately submitted the best possible application and were honest in doing so.
Whilst initially I noted a discrepancy between the fees that the immigration agents charged and those that Bellísimo charged, there is no question that as lawyers, their fees were reasonable and the quality of the work they did was infinitely superior to those of the immigration agents. I definitively believe we got value for money and their fees were reasonable for the work and effort provided.
Ultimately the application was successful. We were thrilled.
We feel indebted to Keely and Mario for their assistance and unreservedly recommend them individually and their firm for outstanding immigration law advice.
Oleksii Yermolenko
11 months ago
Thank you for professional advice, which helped me to resolve my problem in short term and save thousands of dollars on medical expenses
Harold Bubu
11 months ago
I was referred to Bellissimo Law Group by my brother-in-law after my application was denied.
The team carefully reviewed my GCMS notes, identified the issues, and recommended pursuing a judicial review.
Thanks to their expertise and guidance, the outcome was positive. They later assisted me with the application, and I am now in Canada pursuing my studies.
I am deeply grateful for their professionalism and support throughout this process, they respond immediately and give you the answers to your worries, this is the part that every applicant wants during the process of their application and Bellissimo law group have it.
I will always recommend Bellissimo law group to anyone who has such problems.
HAROLD
Nicolas Nkomeje
12 months ago
I had the pleasure of working with Bellissimo on my application, and their professionalism and expertise made the entire process smooth and stress-free.
They provided clear guidance, were always responsive to my questions, and ensured all documents were accurate and submitted on time. Thanks to their support, my application was successful. I would highly recommend Bellissimo to anyone seeking reliable immigration legal services.
Milena Stoj
1 year ago
I'm so happy that I found Bellissimo Law Group. They did amazing job for me, I got my Super visa in such a short time, I couldn't believe. Thanks to their professionalism and experience they deserve highest marks for the job they do.
Hugo Sousa
1 year ago
The Best Immigration Law Firm in Canada!
We are forever grateful to Bellissimo Law Group for helping us achieve Permanent Residence in Canada. Our case was complex (so much so that other immigration professionals referred us directly to Mr. Mario Bellissimo, recognizing him as the top expert in the field).
From our very first consultation with Mr. Mario Bellissimo, we felt supported and confident. He provided a clear, honest strategy, and we retained their services immediately. By the end of the process, everything played out exactly as he had initially outlined.
We want to especially thank Lijing, Shuai, and all the other incredible team members who worked on our case and helped in any way (including David, Michelle, Michael, Justina and other support). Each one brought professionalism, compassion, and an unwavering commitment to our success. The legal team was always responsive, detail-oriented, and they genuinely cared about our situation.
Bellissimo Law Group is more than a law firm: they are your strongest ally in ensuring a successful immigration application. If they take your case, your chances of success are high. Whether your case is complex or straightforward, do not see hiring their services as an expense. Instead, see it as one of the best investments you can make in your future and peace of mind. They truly are the best of the best, and we wholeheartedly recommend them to anyone navigating any immigration process in Canada.
We are endlessly grateful to the entire team at Bellissimo Law Group!
Daryna Tymchenko
1 year ago
We are beyond grateful to Bellissimo Law Group for their exceptional service and professionalism throughout our permanent residency process. From the very beginning, their team demonstrated deep expertise, attention to detail, and a genuine commitment to helping us succeed.
A special thank you to Lijing and Shuai — working with them was an absolute pleasure. They were always responsive, knowledgeable, and guided us with patience and clarity at every step. It’s rare to find such a dedicated and experienced legal team, and we truly felt supported and confident throughout the entire journey.
Thank you again to everyone at Bellissimo Law Group. We wholeheartedly recommend them to anyone looking for trustworthy and results-driven immigration lawyers!!
Hatem Khalil
1 year ago
Isa
1 year ago
I called to get some information about booking a consultation in the near future and the receptionist was friendly and helpful. She answered all the questions that she was able to and send me information on the process. I have read all the great reviews and am confident that your law firm is what I need to make my sponsoring journey less of a nightmare for me lol.
Carol Connelly
1 year ago
We had a great experience with Bellissimo Immigration Law Group. We had a number of questions about medical admissibility for a study permit application, and Bellissimo seemed to have a lot of experience with medical issues. We scheduled a consultation, which was easy to set up. We got excellent and specific advice during our consultation with Keely Anderson, and at the end she encouraged us to apply on our own, as our case actually wasn't as complicated as I had feared. (I appreciated the honesty!) With the advice we received, we felt confident in our ability to complete the application on our own, and the study permit was approved.
Jo M
1 year ago
If I could write poetry, I would have written a poem for Mr. Bellissimo.
I want to thank you from the bottom of my heart.
Like others said, when you go into a consultation with Mr.Bellissimo and his team, you get real answers. Not guarded words. Not someone holding back until you hire them. Just sincere advice, shaped around what’s truly best for you.
In our first meeting, he brought up that I might be eligible for Legal Aid — something no other lawyer had even mentioned. And in the second, he paused and really looked at the full picture of my life — my teenagers, our challenges, our future. He gave me advice that actually went against his own benefit. He thought like a parent. He thought like someone who genuinely cares. That kind of integrity is rare.
I was so touched. Because in a world where most people lead with their own gain, he led with empathy and honesty. He truly put himself in my place — and guided me with heart.
I am so touched and I am forever grateful for you Mr.Bellissimo. 💛
Ellaine Camacho
1 year ago
I am incredibly thankful and grateful for the outstanding support I received from Bellissimo Immigration Law Group PC. My journey with them includes two major Immigration challenges and their expertise helped me overcome both successfully.
First case: Loss of Status in Canada. I lost my legal status in Canada 2019 and thanks to their guidance and dedication I was granted Permanent Residency under Humanitarian and Compassionate Grounds, March 2023. Their team handled my case with professionalism, compassion and deep legal knowledge.
Second Case: Refused Family Sponsorship (Dependent Child). My family sponsorship was refused November 2024 due to not meeting the Minimum Income Cut-Off. With their help I filed an appeal and it was successful, July 16, 2025! Now, I will soon be reunited with my child and I couldn't be more grateful.
The entire team is highly skilled, approachable and truly committed to their clients. I salute their outstanding service and unwavering support. Based on my personal experience, I highly recommend Bellissimo Immigration Law Group PC to anyone facing immigration challenges especially those involving Humanitarian and Compassionate Grounds.
Special mention and heartfelt thanks to Ana Martinez, Alexandra Goncharova, Keely Anderson, Simran Sra and Mario Bellissimo.
I am truly very satisfied with their service. Thank you, Bellissimo Immigration Law Group PC for helping me rebuild my life and reunite with my family. May God Bless You All!🙏
