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This issue is discussed in the admission hearing article, so if you are planning to enter Canada and are not a Canadian citizen, be sure to read this post carefully.
If the Canada Border Services Agency (CBSA) believes there is a reason you do not have a legal right to be in Canada, you may be asked to attend an admissions hearing. The Immigration Division of the Immigration and Refugee Board of Canada (IRB) conducts admissibility hearing.
You should be careful that the Immigration and Refugee Board of Canada (IRB) is separate from the Canada Border Services Agency (CBSA) and each has different duties, but they cooperate with each other in dealing with violations, but they are separate entities.
If it is determined that you are not eligible and authorized to enter Canada, if you are in Canada and have, for example, a visitor visa, a student visa or any other type of visa, you may be ordered to leave Canada. If you are outside of Canada, you cannot enter Canada. Although you may still have choices that allow you to enter or stay.
(CBSA) will send you a packet of documents outlining their reasons for believing you are inadmissible before the hearing. They will add documents to this package that they want the immigration department to consider at the hearing of your case. These documents include everything they have against you.
The Immigration Department will send a summons with the date and time of your admission hearing. You will be notified to attend. Read this warning completely.
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This meeting is supervised by a representative of the immigration department. The member will start by welcoming everyone and explaining the course of events. If you request an interpreter, the member will ensure that you and the interpreter can communicate.
After the introduction, each of the parties comes to present their claim. You may be questioned or subpoenaed as a witness. You may be questioned by a member of the tribunal, the CBSA and your legal counsel.
Your legal advisor or lawyer will ask questions that can defend you. A (CBSA) representative will explain to the member why ((CBSA)) thinks you are inadmissible to Canada. The “burden of proof” for this claim is on the CBSA. According to CBSA documents, you must be inadmissible to Canada.
After that, you or your legal representative (lawyer or immigration consultant) will be asked to respond to their claim. You or your attorney may take the stand and challenge the CBSA’s decision if you disagree with it. The CBSA will then be able to respond to anything you or your lawyer says.
If there are informed witnesses at the hearing, (CBSA), you, your attorney, or a member of the court may ask the witnesses questions.
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After hearing arguments from both sides, the court representative will decide whether the (CBSA) decision is correct and you are not eligible to enter Canada, or whether the (CBSA) decision is wrong and you are eligible to enter or stay in the country. You are in Canada. At the end of the meeting, members often state their choice and explain why. If the decision is not announced, the IRB will mail a copy of the decision to you or your attorney along with the reasons for it.
If the member determines that you are eligible, they will notify you of their favorable decision. You may be allowed to visit Canada or stay here for a while if you are in Canada.
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If the member determines that you are not eligible, the decision will be taken against you. You may not be allowed to come to Canada or you may be given a limited time to leave Canada
If the member determines that you are not eligible, you will be expelled. There are three different types of eviction orders, and the type of eviction order you receive depends on the reasons for your ineligibility.
Even if a deportation order orders you to leave Canada, there may still be ways to keep you in Canada. Or, if you are outside of Canada and you are not allowed to enter Canada, for example, your visa has been refused, you may be able to appeal the Immigration Department’s decision by filing an application with a federal court (which only an official Canadian lawyer can do) or by applying Appeal to the IAD which can be done by the official immigration adviser and the official lawyer. You may want to take legal advice on how to do this, and you should know any of them quickly and file your response promptly. If you have entered Canada and have been detained at the border, contact one of our lawyers or consultants at Unique Immigration to attend the meetings for your release. +1 416 5515303
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