Pursuant to s.44 of the Immigration and Refugees Protection Act (IRPA), an officer who is of the opinion that a permanent resident or a foreign national is inadmissible to Canada may prepare a report and transmit same to the Minister’s Delegate.  Upon making this finding, the individual may be arrested, detained, or be removed from Canada based on the different grounds of inadmissibility such as: medical, financial, security, having an inadmissible family member, failure to comply with the IRPA, violation of human and international rights, and involvement in crime or organized crime. If the Minister’s Delegate believes the report is well-founded, the matter may be referred to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for an admissibility hearing where a determination is made on whether a removal order should be issued.

 

The hearing is adversarial. Both sides are required to advance arguments outlining the reasons why the foreign national or permanent resident should, or should not be required to remain in, or enter Canada. At the end of the hearing, the Member may authorize the person to enter or remain in Canada, issue a removal order, or order the person’s continued detention or release. Most permanent residents who receive an unfavourable decision may appeal said decision to the Immigration Appeal Division (IAD) of the IRB, while a foreign national may consider  contesting the finding by way of Judicial Review.