A CBSA section 44 report or admissibility hearing on a work or study permit: what happens and what to do

By Prabhpreet Kaur Sangha, lawyer at Lawgical Law Corporation · Reviewed November 10, 2026

Published November 10, 2026

Prabhpreet Kaur Sangha is a lawyer at Lawgical Law Corporation, called to the BC bar in 2019, and a member of the Law Society of British Columbia.

Updated November 10, 2026: sections 44, 45 and 63 of the Act, sections 225, 226, 228 and 229 of the Regulations, and the Immigration and Refugee Board’s admissibility hearing page (modified June 9, 2026) checked that day.

If CBSA has written to say a report under section 44 of the Immigration and Refugee Protection Act may be or has been prepared against you, CBSA believes you are inadmissible: for overstaying, working without authorization, not studying, misrepresentation or a criminal conviction. What happens next depends on the ground. Some reports are decided by a CBSA officer on paper; others go to an admissibility hearing before the Immigration Division of the Immigration and Refugee Board. Either way, there is usually a chance to answer before the decision, and that answer matters most.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, answers CBSA section 44 letters, represents people at Immigration Division hearings and brings removal orders to the Federal Court; this guide is by Prabhpreet Kaur Sangha.

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What does the CBSA letter say?

The wording I see in these letters and decisions:

• “A report under section 44(1) of the Immigration and Refugee Protection Act has been prepared alleging that you may be inadmissible to Canada”
• “You may make written submissions providing reasons why a removal order should not be sought”
• “I have made the decision to refer the S. 44 report to an admissibility hearing”
• “a decision has been made not to direct you to an admissibility hearing at this time”

The last one is the result you want. In one of our files, a permanent resident with a criminal conviction got exactly that after written submissions about family and the best interests of the children. Officers have discretion at this stage; it is not automatic.

Who decides: a CBSA officer or the Immigration Division?

Under section 44(2), the Minister may refer a well-founded report to the Immigration Division, except in “prescribed circumstances” where the Minister’s delegate makes the removal order. Those circumstances are in section 228 of the Regulations. For a work or study permit holder, the most common are:

• Decided by the delegate: overstaying your authorized stay; not complying with your study conditions under section 220.1(1); serious criminality under section 36(1)(a). The first two lead to an exclusion order, the last to a deportation order.
• Sent to a hearing: misrepresentation under section 40(1)(a); most other criminality; working without authorization and other non-compliance not listed in section 228.

Why this needs a lawyer

One lawyer, one file, every step:

• the written answer to CBSA, asking that no report or referral be made;
• the admissibility hearing: disclosure, witnesses, testimony and argument;
• judicial review and a stay of removal within 15 days of a removal order;
• a pre-removal risk assessment or humanitarian application, if they fit.

For a temporary resident there is no second hearing on the merits. Section 63 of the Act gives an appeal to the Immigration Appeal Division only to permanent residents, protected persons and people holding a permanent resident visa.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only lawyers can appear for you in the Federal Court.

What are my options?

1. Answer the CBSA letter in writing by its date. Dispute the facts if they are wrong, and set out your circumstances: work, studies, family, children, risk if removed.
2. If referred to a hearing: prepare. CBSA sends a package of its documents. Send yours, and your witness list, to CBSA and the Board at least 5 days before the hearing.
3. At the hearing: make the Minister prove it. The onus is on the Minister. You can testify, call witnesses and argue the law.
4. After a removal order: judicial review in the Federal Court, with a motion to stay removal if a date is set. 15 days.
5. Other applications that may protect you, such as a pre-removal risk assessment when offered, or a humanitarian application.

Can CBSA issue an exclusion order for past unauthorized work or study?

Not on its own. The Federal Court has held that past unauthorized work, and past unauthorized study, are not grounds on which the Minister’s delegate can make an exclusion order directly; the report must be referred to the Immigration Division (Latchman, 2022 FC 626; Akl, 2025 FC 1333). An exclusion order made at a port of entry on that basis can be challenged in the Federal Court within 15 days.

Exclusion or deportation: why it matters

The type of order decides when you can come back:

• Exclusion order: you need written permission to return for one year after it is enforced, or five years if it was for misrepresentation (section 225).
• Deportation order: you need written permission to return at any time after it is enforced (section 226).

Under section 229(3), an order that would normally be an exclusion order becomes a deportation order if you were removed before on the same ground, failed to comply with a condition, or were convicted in Canada of an indictable offence. That is one reason the facts in the report need to be checked carefully.

What happens at the hearing?

According to the Board’s admissibility hearing page, a Board member hears from a CBSA representative and from you or your counsel, and may hear witnesses. Most hearings are public. You can ask for an interpreter. At the end, under section 45, the member either finds you are not inadmissible or makes “the applicable removal order”.

The decisions I see from these hearings read like this: “you are a person described in 41(a) x (18)(1) of the IRPA”, followed by an exclusion order. Short words, permanent effect.

Section 44 at a glance

Worked example: the 5-day rule

Example. A worker’s admissibility hearing in Vancouver is set for Monday, December 7, 2026. Counting back 5 days, her documents and witness list should reach CBSA and the Board no later than Wednesday, December 2.

What to gather

• The CBSA letter and the report, and the disclosure package when it comes.
• Your status history: every permit, application and decision, with dates.
• Proof that disputes the allegation: pay records, school records, court records.
• Your circumstances: family in Canada, children, work, community, and any risk if you are removed.

Mistakes I have seen

• I have seen people ignore the CBSA letter because it said a report “may” be written.
• I have seen people attend a hearing without counsel and agree to the facts in the report without checking them.
• I have seen documents brought to the hearing that had not been sent 5 days before.
• I have seen people with a departure order miss the 30 days to leave and confirm their departure with CBSA, which turns it into a deportation order (section 224(2) of the Regulations).

Frequently asked questions

Does a section 44 report mean I will be removed?

No. The officer and the Minister both have discretion not to proceed, and the Board may find the allegation is not proven.

Can I bring a lawyer to the hearing?

Yes, at your own expense. Legal aid may be available in some provinces.

Can I appeal the Board’s decision?

A work or study permit holder cannot appeal to the Immigration Appeal Division. The route is judicial review in the Federal Court.

I am a permanent resident. Is it different?

Yes. See our guide on a section 44 report for permanent residents.

Can I keep working while this is going on?

If your permit is still valid and the report does not change it, usually yes, until a removal order takes effect. Check with a lawyer for your case.

Related guides

See our guides on a PGWP refusal followed by a removal order, students who worked over the limit, getting your CBSA file, a visitor reported for working and an immigration opinion letter before a plea or sentencing.

Related guides: refused entry at the border.

What should I do right now?

Find the date on the CBSA letter and write it down. Gather your permits and the records that answer the allegation. If you have a hearing date, count back 5 days and plan to file before then.

Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.

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Sources (official)

• Immigration and Refugee Protection Act, s. 44 (current to October 19, 2026), s. 45, s. 63 and s. 72
• Immigration and Refugee Protection Regulations, s. 228, s. 229, s. 225 and s. 226
• Immigration and Refugee Board: What you should know about admissibility hearings (modified June 9, 2026)
• Latchman v. Canada (Public Safety and Emergency Preparedness), 2022 FC 626; Akl v. Canada (Public Safety and Emergency Preparedness), 2025 FC 1333

This article is general information, not legal advice. Every case depends on its own facts.