Responding to a Section 44 Report: Preparing for an Admissibility Hearing in Canada

Receiving a Section 44 Report from the Canada Border Services Agency (CBSA) can be one of the most stressful moments in an immigration matter. Whether you are a permanent resident or a foreign national, a Section 44 Report may place your ability to remain in Canada at risk and could ultimately result in a removal order.

However, receiving a report does not automatically mean that you will be deported. It is the beginning of a legal process under the Immigration and Refugee Protection Act (IRPA), and many individuals have opportunities to challenge the allegations, provide additional evidence, and present legal arguments before a final decision is made.

Understanding the admissibility hearing process, your rights, and the role of experienced legal counsel is critical to protecting your status in Canada.

What Is a Section 44 Report in Canada?

A Section 44 Report is a report prepared under subsection 44(1) of the Immigration and Refugee Protection Act when an immigration officer believes there are reasonable grounds to conclude that a permanent resident or foreign national is inadmissible to Canada.

The report sets out the relevant facts supporting the allegation of inadmissibility and is forwarded to a Minister's Delegate for review. If the Minister's Delegate concludes that the report is well founded, they may either issue a removal order in certain cases or refer the matter to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for an admissibility hearing.

A Section 44 Report is not a finding that you are inadmissible. Rather, it is the formal mechanism used to begin immigration enforcement proceedings.

Common grounds of inadmissibility include:

• Criminal convictions and serious crimes

• Misrepresentation

• Security concerns

• Terrorism or espionage

• Organized crime

• Human or international rights violations

• Non-compliance with the Immigration and Refugee Protection Act

• Health grounds, including excessive demand on public health or social services

• Financial reasons

• Inadmissible family members

Each ground has its own legal requirements and evidentiary standards, making every case unique.

Role of the Immigration Division (ID) in Admissibility Hearings

The Immigration Division (ID) is an independent tribunal within the Immigration and Refugee Board of Canada that decides whether an individual is inadmissible under the Immigration and Refugee Protection Act.

If your Section 44 Report is referred to the Immigration Division, the ID will conduct an admissibility hearing, where both the Minister and the individual have an opportunity to present evidence and legal arguments.

During the hearing, the Immigration Division may:

• Review documentary evidence

• Hear testimony from witnesses

• Consider legal submissions from both parties

• Assess whether the Minister has established inadmissibility

• Determine whether a removal order should be issued

Unlike a routine immigration interview, an admissibility hearing is a formal legal proceeding. The Immigration Division must consider the evidence carefully before deciding whether the allegations have been proven.

Depending on the type of inadmissibility alleged, the Immigration Division may issue:

• A departure order

• An exclusion order

• A deportation order

Some decisions may later be challenged before the Federal Court, while others may be appealed to the Immigration Appeal Division (IAD) if appeal rights exist.

Why Did You Receive a Section 44 Report?

A Section 44 Report may be issued whenever an immigration officer believes there are reasonable grounds to conclude that a person is inadmissible under the Immigration and Refugee Protection Act.

Some of the most common reasons include:

Criminality

One of the most common grounds involves criminal convictions inside or outside Canada. Even offences that appear relatively minor may have significant immigration consequences depending on how they correspond to Canadian law.

Misrepresentation

Providing incorrect information, withholding important facts, or submitting inaccurate documents during an immigration application may result in allegations of misrepresentation, even where the mistake was unintentional.

Security Concerns

The Act allows reports involving concerns relating to:

• Espionage

• Terrorism

• Security threats

• Organized crime

These cases often involve extensive investigations and specialized evidence.

Non-Compliance

A person may also become the subject of a Section 44 Report if they have failed to comply with the Immigration and Refugee Protection Act or its Regulations, such as:

• Remaining in Canada beyond authorized status

• Failing to comply with immigration conditions

• Violating reporting requirements

• Breaching residency obligations

Health or Financial Grounds

Although less common, inadmissibility may also arise where a person is considered likely to create an excessive demand on public health or social services, or where financial inadmissibility provisions apply.

Every allegation requires evidence. Officers cannot simply rely on suspicion alone. Before preparing a Section 44 Report, officers must be satisfied that sufficient evidence exists to support the allegation and that the applicable burden and standard of proof can be met.

What Happens After a Section 44 Report Is Issued?

After a Section 44 Report is prepared, several important steps follow.

Step 1: Review by the Minister's Delegate

The report is reviewed by a Minister's Delegate, who decides whether it is well founded.

Depending on the type of inadmissibility, the Minister's Delegate may:

• Refer the matter to the Immigration Division

• Issue a removal order directly where authorized by the Regulations

• Decline to proceed if the report is not well founded

The Minister's Delegate is not required to automatically refer every report. They must review the available evidence before making a decision.

Step 2: Notice of Hearing

If referred, you will receive a Notice advising you of the date, time and location of your admissibility hearing before the Immigration Division.

This is your opportunity to prepare your evidence and legal submissions.

Step 3: Preparing Your Response

Preparation is often the most important stage of the process.

Depending on the allegations, this may involve:

• Collecting supporting documents

• Obtaining criminal court records

• Preparing witness statements

• Gathering expert evidence

• Responding to concerns raised by CBSA

• Preparing legal submissions

• Identifying procedural fairness issues

The CBSA enforcement manual emphasizes that officers must respect procedural fairness throughout the Section 44 process. Individuals should know the case against them, have an opportunity to present evidence, respond to new information, receive reasons for decisions, and have their evidence fairly considered.

Step 4: Admissibility Hearing

At the hearing, the Minister presents the case supporting inadmissibility.

You, or your lawyer, may:

• Challenge the evidence

• Cross-examine witnesses

• Introduce new evidence

• Make legal submissions

• Argue that the legal test has not been met

The Immigration Division will then decide whether you are inadmissible.

Step 5: Next Steps

If you are found inadmissible, the Immigration Division may issue a removal order.

Depending on the circumstances, further legal options may include:

• An appeal to the Immigration Appeal Division

• An application for judicial review before the Federal Court

• Other immigration applications that may affect enforcement

The appropriate strategy depends on the particular ground of inadmissibility and the individual's immigration history.

How an Immigration Lawyer Can Help You Respond to a Section 44 Report

A Section 44 Report often begins a complex process with significant consequences for your future in Canada. Having experienced legal representation from the outset can make a substantial difference.

In many cases, the strongest defence begins long before the admissibility hearing itself. Early legal intervention may allow important issues to be addressed before positions become entrenched.

At AKM Law, we regularly represent permanent residents and foreign nationals facing allegations of inadmissibility involving criminality, misrepresentation, organized crime allegations, security concerns, residency obligations, and other immigration enforcement matters. We understand that every case involves far more than the legal issues alone. Your family, career, and future in Canada may all depend on the outcome.

If you have received a Section 44 Report, do not assume that removal is inevitable. Obtaining legal advice as early as possible can help protect your rights, preserve available legal remedies, and ensure you are fully prepared for every stage of the admissibility hearing process.