Detention and Inadmissibility Applications

Inadmissible to Canada

Some people are not allowed to enter Canada, while others are told that they are no longer allowed to stay because they are told that they are inadmissible to Canada under the Canadian Immigration and Refugee Protection Act.

There are a number of reasons why someone might be declared inadmissible. The government may assert that an individual has:

  • failed to comply with Canadian immigration law;
  • misrepresented information to the Canadian government (for example, an individual not been truthful on their application to immigrate to Canada);
  • engaged in violent activities or have been a member of an organization that has engaged in violence or which threatens Canada’s security;
  • committed a crime or has been part of a group that committed a crime;
  • a health condition that is dangerous to others or could cause excessive demand on Canada’s health care system; or
  • a family member who has been found to be inadmissible.

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If the Canada Border Services Agency (CBSA) suspects that a person is inadmissible to Canada, they may send them a letter setting out their concerns and asking the person for more information. This is called a fairness letter. If the person is already inside Canada, the CBSA may refer them to the Immigration Division of the Immigration and Refugee Board, which will hold a hearing to determine if the person is inadmissible. If the person is found to be inadmissible to Canada, they will be issued a removal order (which includes deportation orders and exclusion orders) and be forced to leave Canada.

In some cases, the person can use the removal order appeal process to argue their case to the Immigration Appeal Division of the Immigration and Refugee Board. In other cases, they may be able to apply for a Judicial Review of the decision to the Federal Court of Canada.

Landings LLP lawyers regularly appear before both the Immigration Division and Immigration Appeal Division to assist individual overcome inadmissibility to Canada. Additionally, Jacqueline Swaisland, a partner at Landings LLP, previously adjudicated admissibility decisions as a member the Immigration Division.

Contact us if you would like to find out more about deportation or exclusion orders, the removal order appeal process at the Immigration Appeal Division (IAD). You can also contact us if you have concerns about whether you are inadmissible to Canada, if you are seeking representation in an immigration detention hearing at the Immigration Division, or if you need a deportation lawyer.

For more information on appeals and judicial reviews, visit our Judicial Reviews & Appeals page.

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Detention Reviews

Some permanent residents and foreign nationals may face immigration detention at a Canadian Border Security Agency immigration holding centre or in a provincial jail.

  • There are a number of reasons why immigration detention may be ordered. The detainee:
  • may be told that they pose a danger to the Canadian public or pose a security threat;
  • may be told that they are unlikely to appear for a future examination, a hearing or for their removal from Canada; or
  • may not have been able to confirm their identity

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If a person is placed in immigration detention, they have the right to regular hearings where the reasons for their detention are reviewed.

Immigration detention hearings are held before the Immigration Division of the Immigration and Refugee Board. They do not have to be requested and are held at set intervals. The first review must be held no later than 48 hours after arrest. If not released, another must be held in 7 days. If not released at 7 days, a hearing will be held every 30 days until the person is either released or removed from Canada.

We regularly appear before the Immigration Division at detention reviews. Additionally, Jacqueline Swaisland, a partner at Landings LLP, previously presided at detention reviews as a member the Immigration Division.

If you would like to find out more information you can set up a consultation by clicking here.

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