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Immigration Division

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.

  1. 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. 
  2. 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.
  3. 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.  
  4. 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

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What Our Clients Say
Kanagasabapathy Vijay Kumar
It's been a very good experience working with Bellissimo Immigration Law Group PC. The wealth of experience and professionalism they bring to the table is fantastic. Their professional approach, meticulous planning, their relentless push to get everything they want to compile a flawless submission document was amazing. Overall, they work very hard to get positive results and I am impressed with their services.
Irene Greaves
Our special thanks to Ms Keely Anderson and Ms Alexandra Goncharova for their efforts and due diligence in pulling together a compelling submission in support of my husband’s rehabilitation application due to criminal inadmissibility. This was a complex case, refused once because of incompleteness and lack of transparency then put on hold for 2 years due to the covid pandemic. We subsequently reapplied with BLG upon the advice that they were the best. It was a long journey and they don’t come cheap but the result speaks for itself. We were invited to meet with the Reviewing Officer in IRCC London who said the application was so well documented that no questions remained and we were granted approval then and there. It’s been a 5-year journey but the freedom one feels to be able to travel back and forth with my husband to Canada cannot be underestimated. We are now free to apply for my husband’s permanent residency for which we will always be grateful to BLG for making it possible. Thank you.
Charles Andoscia
I was immigrating from the United States to Canada. Whole process went very smooth. Viola Gniadek provided me with very clear Instructions and was there any time I had a question to help me through the process. She deserves more than 5 stars! I would recommend this firm to anyone interested in immigrating.
Arman Hamzehlou Kahrizi
My wife and I worked with Bellissimo Law Group on a very complex spousal sponsorship application. Our relationship started long-distance and lasted three years before we got married, without having met in person. This raised several red flags in the immigration process. From the beginning, we knew we were facing a difficult case that needed serious legal guidance. After doing thorough research, Bellissimo stood out for their experience with complicated immigration cases, and they lived up to that reputation.

Our consultant and main point of contact was Viola Gniadek. She was professional, honest, and very precise. She responded to our concerns whenever something about the case worried us and was always flexible with us in terms of availability. I remember it was during a weekend and she was still double-checking and completing our forms as we had a submission deadline on Monday. You will be lucky to have her handle your case. The firm took time to understand the complexity of our case and worked closely with us over several months to prepare over 300 pages of documentation. What I appreciated most was how careful they were with every word submitted. In immigration law, even one unnecessary detail can be used against you, and Bellissimo knew how to manage that risk with skill and strategy.

With their guidance, we submitted a Temporary Resident Visa (TRV) application, even though they had warned us clearly that, due to the circumstances and the country involved, there was a high chance of refusal. But they also had a plan in place from the start to appeal it if that happened. The TRV was refused, as expected, but we followed through on the appeal. IRCC later offered us a settlement, and our application was reopened. We were given a second chance, and even without much new documentation, the TRV was approved within 15 days of reopening. That moment changed everything.

Thanks to that approval, my wife and I have been together in Canada since March 20. Her spousal sponsorship application was finalized and approved shortly after, but had we not pursued and won the TRV appeal, we would likely still be separated due to delays with passport stamping and processing. That TRV win was a turning point not just legally, but personally.

Later, we were invited for a spousal sponsorship interview, which showed that the officer remained skeptical of our case. Bellissimo helped us prepare thoroughly for the interview, which was a separate legal process with additional fees. But the preparation paid off. After seeing how our TRV refusal had been overturned and how well our case had been built, it would have been very difficult for an officer to justify a refusal at that point. It was clear to them that we were not only committed but had the legal backing to defend ourselves through every stage of the system.

One important thing I want to stress is that just because you can apply on your own does not mean you always should. I have seen people succeed without a lawyer, and I have seen many people fail and remain stuck in the system for years due to refusals or misrepresentation. Legal support is expensive, yes, but you need to consider what is truly at stake. Your future, your time, your peace of mind, and your chance to be with the person you love, these are far more valuable than saving a bit of money upfront.

Also, do not assume that a cheaper option means better value. It might cost less, but if they do not understand the complexity of your case or submit something careless, it could cost you far more in the long run. This is your life. Do not cheap out.

If your case is complicated like ours, Bellissimo Law Group is absolutely worth it. They do not make empty promises. They know exactly what they are doing. I am deeply grateful for their work and recommend them without hesitation. Thank you, Mr. Bellissimo and the entire team.
soul traore
I recently had the pleasure of working with Bellissimo Law Group to resolve a misrepresentation issue on my permanent residency application, and I cannot recommend them highly enough. From the very beginning, their team was incredibly responsive and attentive, making sure I was informed and comfortable with every step of the process.

Their expertise and dedication were evident throughout my case. They meticulously reviewed all the details, provided clear and professional advice, and guided me through the complex legal landscape with ease. Their support was unwavering, and they always made themselves available to answer any questions or concerns I had.

Thanks to Bellissimo Law Group, my permanent residency application was successfully resolved, and I am now a proud resident of Canada. If you are looking for a law firm that truly cares about their clients and delivers outstanding results, look no further than Bellissimo Law Group.
M. Pidlaoan
I highly recommended Bellissimo Law Group for both legal and the process of application for immigration. The team handled my 2 cases brilliantly. They are very knowledgeable and the work and service are outstanding and very professionally done. Viola Gniadek, Christopher Colette and Punya Bagga handled my first case for my nephews and Michelle Boeriu on the second case for my brother. These two cases have been approved. Thank you with all my heart for the job well done. I really appreciate your valuable work and services. I would like to express my deepest gratitude to the team and Belllissimo Law Group.
Arwen Zemborain
I scheduled a consultation with Bellissimo Immigration Law Group and was incredibly pleased with how helpful they were. Not one, but two lawyers were on the call to advise me, and they took the time to look into all possible immigration options for me and my family. I had done a lot of research prior to speaking with them, but that consultation made me realize how difficult the process would be without a law firm that keeps up with the frequent policy changes. They offered invaluable advice and I will definitely hire them to create my profile when I have everything together.
Brad Greiner
Lijing was very knowledgeable and answered all of my questions in great detail. I highly recommend Bellissimo for immigration issues!
Maria Hermansky
sandy Lou
Thank you Belissimo Law Group for helping my husband and I navigate through his PR application. It’s difficult to know who to trust, especially with matters as sensitive and complex as immigration but I am so happy that I made the choice and chose BLG. They not only have an incredible comprehension of immigration law but also a great deal of compassion and consideration for their clients. I truly enjoyed working with them and I feel grateful that there are people out there working hard to make a positive impact on someone else’s life like they did with mine. Thank you again BLG, I would recommend your services to anyone in the same or similar situations!

On a side note, for people out there who are thinking about hiring an immigration consultant, please talk to a law firm first. Some consultants charge the same or more for their services without needing to have a good comprehension of immigration laws.