Admissibility hearing at the Immigration Division: what happens

By Pardeep S. Grewal, lawyer at Lawgical Law Corporation · Reviewed November 13, 2026

Published November 13, 2026

Pardeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2024, and a member of the Law Society of British Columbia.

Updated November 13, 2026: IRPA ss. 44, 45 and 64, the Immigration Division Rules and the IRB’s hearing guide checked that day.

An admissibility hearing is a legal hearing at the Immigration Division of the Immigration and Refugee Board. CBSA presents a report saying you are inadmissible, for example for serious criminality or misrepresentation, and an independent member decides whether the report is right. If the member agrees, they make a removal order; if not, you keep your status. Most hearings are held by video, and you can be represented by a lawyer.

Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, represents permanent residents and foreign nationals at Immigration Division admissibility hearings and the appeals that follow; this guide is by Pardeep S. Grewal.

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How a case gets to a hearing

An officer writes a report under s. 44(1) of IRPA. If the Minister’s delegate thinks it is well-founded, it is referred to the Immigration Division (s. 44(2)). Before that, permanent residents usually get a letter inviting submissions: see a section 44 letter for permanent residents and a section 44 report on a work or study permit.

Who is at the hearing

• The member, who decides;
• A CBSA hearings officer (Minister’s counsel), who presents the case;
• You and your lawyer;
• An interpreter, if you asked for one.

You must be in Canada for the hearing. Most hearings are public.

Before the date: a checklist

What happens on the day

The member confirms who you are and what the allegation is. CBSA presents its evidence, you or your lawyer respond and can call witnesses, and both sides make submissions. Many decisions are given at the end of the hearing.

What the member can decide

After a removal order

• An appeal to the Immigration Appeal Division, if s. 64 doesn’t bar it: see removal order appeals;
• Judicial review in the Federal Court (15 days from the decision, in Canada);
• A PRRA, a deferral or a stay of removal later in the process.

The Immigration Division also hears detention reviews.

Should you concede?

Sometimes the facts can’t be disputed, and the real fight is the appeal. For a conviction in Canada, the case usually turns on the conviction itself, because no equivalency analysis is needed. For an offence abroad, whether it is really equivalent to a 10-year Canadian offence is often the main fight, and conceding without advice can give that up. Either way, the hearing sets up the record for the appeal.

Why this needs a lawyer

One lawyer, one file, every step:

• checking the allegation and CBSA’s evidence;
• preparing your documents and witnesses within the deadlines;
• representing you at the hearing;
• the IAD appeal or Federal Court review that follows.

The hearing builds the record for everything that comes after. What isn’t argued at the Immigration Division is hard to raise later.

Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.

Mistakes I have seen

• Arriving without documents because the 5-day deadline passed.
• Conceding the allegation without checking the equivalency or the sentence.
• Asking for a new date at the last minute with no reason.
• Assuming the appeal will fix whatever goes wrong at the hearing.

For hearings about misrepresentation by a permanent resident, including the appeal, see misrepresentation cases against permanent residents.

Frequently asked questions

Is the admissibility hearing in person?

Hearings are scheduled by video, but you can ask to attend in person or connect from an IRB office.

Can I bring witnesses?

Yes. Give their names to the Division and CBSA at least 5 days before.

Can my hearing be postponed?

You can apply, but unless the Division agrees you must appear on the date set.

Is legal aid available?

In BC, Legal Aid BC may cover some immigration matters for people who qualify.

What if I miss the hearing?

The member can proceed and make a removal order without you.

Related guides: a section 44 letter for permanent residents, a section 44 report on a work or study permit, what crimes can get a permanent resident deported, the three kinds of removal order, danger opinions.

What should I do right now?

Check the hearing date on your notice, collect your documents now and get counsel in place well before the 5-day deadline.

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

Ready to book? Open the booking form ↑

Sources (official)

• Immigration and Refugee Protection Act, s. 44
• Immigration and Refugee Protection Act, s. 64
• IRB: What you should know about admissibility hearings (modified June 9, 2026)
• Immigration Division Rules
• Immigration and Refugee Protection Act, s. 72

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