HAVE YOU RECEIVED A “REPORT UNDER SUBSECTION 44(1)”?
These “Reports” contain allegations that the subject of the Report has violated provision(s) of the Immigration and Refugee Protection Act (IRPA). If you have received a “Report Under Subsection 44(1)”, you may be required to appear for a hearing before the Immigration Division (ID) of the Immigration and Refugee Board (IRB).
A person may not be able to remain in Canada if the ID determines that the allegations in the “Report Under Subsection 44(1)” is well-founded. Examples of the allegations leading to these Reports include:
- 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, or
- is accompanying an inadmissible family member
Do you have an admissibility hearing scheduled?
The ID holds a hearing for someone at the request of a Canada Border Services Agency (CBSA) officer, who will provide the “Report” to the ID. The CBSA will then attend at the hearing to defend their allegations and will seek to have a Removal Order issued against the subject of the “Report”.
Based on the evidence and the testimony of both parties (CBSA and the person subject to the “Report”), the ID decides whether or not the allegations are well-founded. If the ID determines that the allegations in the “Report Under Subsection 44(1)” are not well-founded, then the “Report” is quashed. However, if the ID determines that the allegations are well-founded, then the ID will issue a Removal Order to the person subject of the “Report”.
For more information on Removal Orders, their consequences and how they can be challenged, please click here.
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