Inadmissibility hearing lawyer in Brampton

• You are a permanent resident or foreign national in Canada and an officer has written an inadmissibility report about you
• You have received a notice to appear at an admissibility hearing at the Immigration Division
• You are a permanent resident charged with an offence, and a conviction could cost you your status
• IRCC or the CBSA alleges misrepresentation, in Canada or on an application
• A removal order has been made and you need to know whether you can appeal
• You have been detained, or a family member has
• You have a criminal record and need a temporary resident permit or criminal rehabilitation to come to or stay in Canada

Under section 44 of the Immigration and Refugee Protection Act (IRPA), an officer who believes a permanent resident or foreign national in Canada is inadmissible may write a report. If the report is found well-founded, it can be referred to the Immigration Division (ID) of the Immigration and Refugee Board for an admissibility hearing. In some cases, such as a permanent resident whose only issue is the residency obligation, a removal order can be made without a hearing.

Two grounds that often lead to a hearing are:

A CBSA representative presents the case that you are inadmissible, and an ID member decides it. You can give evidence, call witnesses and make submissions. Documents and witness lists must reach the CBSA and the ID at least 5 days before the hearing, and the CBSA must send you its evidence at least 5 days ahead. You can ask for an interpreter. Most ID hearings are open to the public.

At the end, the member either finds you not inadmissible, which allows you to stay or enter, or finds you inadmissible and issues a removal order: a departure, exclusion or deportation order, depending on the ground.

The hearing turns on law as much as facts: whether a foreign offence is equivalent to a Canadian one, whether a conviction meets the serious criminality test, whether a misstatement was material, and whether an innocent mistake defence applies. Manny prepares the evidence and legal argument, examines you and your witnesses, cross-examines where needed, and argues the case. Paid counsel at the ID must be a lawyer, a licensed immigration consultant or a Quebec notary.

Permanent residents, protected persons and holders of a permanent resident visa can generally appeal a removal order to the Immigration Appeal Division (IAD), within 30 days of receiving it, unless the notice of appeal is filed at the end of the hearing. The IAD can consider humanitarian and compassionate factors.

There is no IAD appeal for anyone found inadmissible for serious criminality where the crime was punished in Canada by a prison term of at least six months, among other grounds (IRPA section 64). That makes the sentence in a criminal case critical for a permanent resident. Where there is no appeal, judicial review at the Federal Court may be possible. See removal order appeals and Federal Court judicial review.

Manny Hundal is a Barrister & Solicitor, called to the Ontario Bar in 2013. His practice is focused on immigration law. He also handles some criminal matters, so he can advise where immigration and criminal issues overlap.

• He represents you at the admissibility hearing and on appeal to the IAD.
• He advises permanent residents on the immigration impact of a criminal charge, before a plea or sentence, when it can still make a difference.
• He responds to procedural fairness letters on criminality, medical issues and misrepresentation.
• He represents people at detention reviews.
• He prepares temporary resident permit and criminal rehabilitation applications where the problem can be solved by application.
• Where no other route is left, he advises on a humanitarian and compassionate application.

Consultations are available in English, Punjabi and Hindi. No lawyer can promise a result.

• Admissibility hearing: evidence and witness lists at least 5 days before the hearing.
• IAD removal order appeal: 30 days after you receive the removal order (IAD Rules, rule 16).
• Judicial review: 15 days for decisions made in Canada, 60 days for decisions made outside Canada.
• Procedural fairness letters: the letter sets the deadline. Ask in writing before it passes if you need more time.
• Misrepresentation bar: five years.
• Criminal rehabilitation: at least five years after the end of your sentence.

Not every inadmissibility issue goes to a hearing. Visitors, students and workers outside Canada with a criminal record usually need to overcome it before they travel.

Deemed rehabilitation. In some cases enough time has passed that you are treated as rehabilitated without applying. IRCC’s guidance generally requires at least 10 years since you completed the sentence for one offence that would be indictable in Canada. It does not apply to serious criminality.

Criminal rehabilitation. You can apply once at least five years have passed since the end of your sentence, including probation, and since the offence. If granted, it removes the inadmissibility for that offence permanently.

Record suspension or pardon. A Canadian record suspension can resolve inadmissibility for Canadian convictions. A foreign pardon does not always do so.

Temporary resident permit (TRP). A TRP lets an inadmissible person enter or stay in Canada for a set period. It is discretionary, and it does not remove the underlying inadmissibility.

Medical inadmissibility. You can be found medically inadmissible if your condition is likely to be a danger to public health or safety, or to cause excessive demand on health or social services. The excessive demand rule does not apply to refugees, protected persons, and sponsored spouses, common-law partners and dependent children.