An admissibility hearing means a hearing held under Section A44(2) of the Act concerning a person who is alleged to be inadmissible to Canada, or who is alleged to have violated at least one of the provisions of the Act or its Regulations. The mandate of the Immigration Division (ID)(formerly known as the Adjudication Division) is to conduct these hearings with respect to persons alleged to be inadmissible to Canada.
Pursuant to Section A44(1), an officer who is of the opinion that a person who is seeking to enter Canada or who is in Canada is inadmissible may prepare a report setting out the relevant facts, and should specify the particular provisions of the Act or the Regulations under which the person is believed to be inadmissible. The report is the legal document that gives the Minister’s delegate the authority to make an administrative removal order or to refer the matter for an admissibility hearing.
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