The Immigration Division (ID) is one of the four IRB divisions. ID consists of two main functions: to conduct admissibility hearings for certain categories of people believed to be inadmissible to, or removable from, Canada, and to conduct detention reviews for most persons being detained under the IRPA.
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IMMIGRATION DIVISION
ADMISSIBILITY HEARINGS
Canada Border Services Agency (CBSA) is responsible for border enforcement, immigration enforcement and customs services. If CBSA has a reason to believe that an individual has not followed the IRPA, they will ask the IRB to conduct an admissibility hearing. The admissibility hearing will determine if the individual has a right to remain or enter Canada.
Not everyone can be admissible to Canada. A foreign national or a permanent resident might not be allowed to enter or remain in Canada if he/she:
- Has failed to comply with Canada’s immigration law (IRPA)
- Is a security threat
- Has violated human or international rights
- Has been involved in crime or organized crime
- Has presented false information
- Has a health condition (in some cases)
- Does not have enough money to support himself/herself financially, or
- Is a close relative of someone who is inadmissible (in some cases)
Admissibility Hearing Process
- Person tries to enter, or is in Canada, and is considered inadmissible by CBSA or IRCC
- Case is referred to IRB – ID for admissibility hearing
- Person appears before an ID member for an admissibility hearing
- Final decision is made by IRB member:
- Person is allowed to enter or remain in Canada
- IRB issues removal order (departure or exclusion order)
Immigration admissibility hearings are usually open to everyone. Media or other observers may sit in during the hearing or have access to information about the case.
DETENTION REVIEW HEARINGS
If an individual is detained or held for immigration purposes, the ID will conduct detention reviews. Detention reviews are done within certain time frames, set forth by the IRPA, and the decision, to be released from detention, is determined by a member of the ID, also known as decision-maker.
There are number of reasons to detain or hold a person for immigration purposes. A foreign national or a permanent resident will be detained or held if she/he:
- Is unlikely to appear for an examination, hearing or removal
- Is a danger to the public
- Is not allowed to enter or remain in Canada
- Has established his/her identity (this only applies to foreign nationals)
Detention Review Process
- A foreign national or permanent resident is detained by CBSA for immigration reasons
- CBSA refers the case to the ID for a detention review within 48 hours
- Person appears before an ID member for a detention review
- Decision is made by IRB
- Order for release (conditions may be imposed)
- Continued detention order
- Another detention review is held within 7 days
- Continued detention order
- Another detention review is held within 30 days and every 30 days until release
The detention review process is public, so media or other observers may attend or report on the proceedings.
After the detention release, certain conditions must be met until a person is removed from Canada or until these certain conditions have been changed or cancelled. In order to change or cancel them a person must write a letter to the Immigration Division explaining why he/she thinks his/her conditions should be changed and send a copy of the letter to the CBSA.
Note: If a person has been identified as a “designated foreign national”, different rules may apply during the detention review process. The IRB member at the hearing will explain how detention reviews work for people in this particular situation.
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