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Admissibility Hearings

If you or a loved one faces CBSA detention or inadmissibility proceedings, immediate legal representation can help determine whether you remain in Canada. These formal hearings carry severe consequences, including removal orders and permanent bars to return. At Edmonton Law Office, our immigration lawyers are well-versed in the complexities of Canadian immigration law and Alberta’s court system. We provide aggressive advocacy when your citizenship future depends on the outcome. Time is critical in these cases. Contact us at (780-784-6666) for your initial consultation to protect your rights and secure your freedom.

What Are Admissibility Hearings in Canada?

Admissibility hearings are formal proceedings before the Immigration Division that determine whether someone can enter or remain in Canada under the Immigration and Refugee Protection Act. These hearings address various grounds for inadmissibility, including:

  • Criminal convictions in Canada or abroad
  • Misrepresentation to immigration authorities
  • Security concerns or terrorism allegations
  • Medical inadmissibility
  • Financial inability to support oneself

Both foreign nationals seeking entry and permanent residents can face these proceedings. The Immigration Division’s decisions are binding and can permanently affect your ability to live, work, or study in Canada. These hearings follow strict procedural rules and require comprehensive legal preparation to effectively challenge the allegations.

Common Grounds for Inadmissibility in Canadian Immigration Cases

Criminal Inadmissibility

Criminal convictions, whether in Canada or abroad, can result in inadmissibility findings under the Immigration and Refugee Protection Act. The legislation distinguishes between serious criminality (offences punishable by maximum imprisonment of 10 years or more) and criminality (less serious offences). Alberta’s Criminal Code applications directly impact these determinations, as provincial convictions carry the same weight as federal offences in immigration proceedings. Even summary conviction offences can trigger inadmissibility proceedings.

Misrepresentation and Security Concerns

Providing false information to immigration authorities constitutes misrepresentation, which can trigger an automatic five-year bar from entering Canada. Security-related concerns include terrorism, espionage, acts of violence, or membership in organizations engaging in criminal activity. These allegations carry severe long-term consequences under Canadian immigration law, including permanent inadmissibility findings. The Canada Border Services Agency thoroughly investigates these matters, often relying on international intelligence and background checks.

CBSA Detention Reviews: Protecting Your Right to Freedom

Immigration detention reviews are subject to strict timelines under Canadian law. The first review occurs within 48 hours of detention, with subsequent reviews at 7 days, then every 30 days. The CBSA can detain individuals on three grounds:

  • Flight risk – likelihood of not appearing for immigration proceedings
  • Danger to the public – based on criminal history or violent behaviour
  • Identity concerns – inability to establish identity satisfactorily

In Alberta, detention reviews are conducted before the Immigration Division, where the burden remains on the CBSA to justify continued detention. Without proper legal representation, detention can continue indefinitely. Edmonton Law Office challenges detention orders aggressively, presenting compelling evidence for release and alternative arrangements. Contact us immediately at (780-784-6666) if you or a loved one faces immigration detention.

How Our Edmonton Admissibility Hearing Lawyers Can Help

Edmonton Law Office provides comprehensive representation throughout admissibility proceedings. Our services include thorough case assessment to identify weaknesses in CBSA allegations, strategic evidence gathering, including character references and rehabilitation documentation, and witness preparation for compelling testimony. We represent clients before the Immigration Division, challenging inadmissibility findings through detailed legal arguments based on precedent and statutory interpretation.

Our law firm understands how federal immigration law intersects with Alberta’s provincial legal systems. We prepare alternative measures proposals, negotiate with CBSA counsel when appropriate, and advocate for release conditions in detention cases. Our comprehensive immigration litigation practice encompasses representation in proceedings before the Immigration and Refugee Board (IRB), Immigration Appeal Division, and Federal Court of Canada, including both initial hearings and appellate matters.

Our goal is to achieve the best possible outcome while ensuring the protection of your long-term immigration status in Canada.

The Admissibility Hearing Process in Canada

The admissibility hearing process begins with CBSA issuing a report under section 44 of the Immigration and Refugee Protection Act. The Immigration Division then schedules a hearing, where the CBSA presents evidence supporting the inadmissibility allegations. The burden of proof varies depending on the grounds alleged.

During hearings, both parties present evidence, call witnesses, and make legal arguments. The Immigration Division member evaluates credibility, weighs evidence, and determines whether inadmissibility is established. Decisions are typically rendered orally at the hearing’s conclusion, with written reasons following. Legal representation significantly improves outcomes by ensuring the proper presentation of evidence and the effective cross-examination of CBSA witnesses.

Consequences of Adverse Admissibility Decisions

Adverse admissibility decisions result in removal orders, requiring individuals to depart from Canada. These decisions can impose bars preventing return for one year, five years, or permanently, depending on the grounds. Family members may also face consequences if their status depends on the affected person.

Future immigration applications become significantly more difficult, as inadmissibility findings must be disclosed and addressed. Employment authorization, study permits, and permanent residence applications face increased scrutiny. These consequences underscore the importance of skilled legal representation from Edmonton Law Office in admissibility proceedings.

Take Action Now to Protect Your Future in Canada

Time is critical when facing admissibility proceedings or CBSA detention. Early intervention by experienced immigration lawyers can significantly impact case outcomes through proper evidence gathering and strategic preparation. Edmonton Law Office understands both the complexities of immigration law and Alberta’s legal landscape, providing the advocacy you need during this challenging time.

Don’t face these proceedings alone. Contact Edmonton Law Office immediately at (780-784-6666) for your initial consultation. We’re available to address urgent matters and are committed to protecting your rights and future in Canada. Every day matters in immigration proceedings – call now to secure the professional representation your case demands.

Facing an admissibility hearing in Canada?

The outcome could determine your ability to stay. Trust Edmonton Law Office to represent you and protect your rights.

Use the form below to contact our law office for an initial consultation.

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