Gahir & Associates have rich experience in defending clients facing admissibility hearings. An Admissibility Hearing is a proceeding held before the Immigration Division of the Immigration and Refugee Board of Canada (IRB) under section 44 of the Immigration and Refugee Protection Act. The focal cause of this hearing is determining whether an individual is admissible to immigrate and reside in Canada because of their criminal conviction or misrepresentation to the immigration authorities. It does not matter whether that individual is on a permanent resident status, temporary resident or is a foreign national.
In 2018, 1,743 individuals received an Inadmissibility Hearing Process in Canada. Admissibility Hearing can be established for reasons such as:
Criminal Conviction:
- If someone is sentenced to six months in prison;
- If someone is convicted of any offense the maximum sentence of which could be 10 years or more;
- If someone was found to be a member of organized crime or a member of gang activity;
Human/ International Rights Violence
The risk to Security in Canada
Misinterpretation or not being honest in Immigration applications:
- Fail to declare that a person has been refused a visa for another country
- Provide a document that is found to be non-genuine
- Fail to mention a family member
- Declare employment experience which the person does not have, or
- Obtain permanent residence by having engaged in a non-genuine marriage
Misrepresentation occurs when information provided to Citizenship and Immigration Canada (CIC) is inconsistent, inaccurate, or incomplete. The person is given an opportunity to respond and address CIC concerns before the discovery that the person misrepresented themselves by CIC. This method is known as “procedural fairness,” and it is essential to be mindful of the timeline given for the response by CIC.
If the person is found inadmissible and does receive a removal order, that person may be able to appeal in some cases to the Immigration Appeal Division. At Gahir & Associates, we have rich experience in representing clients facing these unfortunate circumstances. For more information on Removal Orders, their consequences and how they can be challenged, please contact us immediately, as time is critical in these cases.
