Where we act
- Before the report: submissions to the officer on why a report should not be written or referred. This is often the highest-leverage moment in the whole process.
- Admissibility hearings before the Immigration Division.
- Appeals to the Immigration Appeal Division, including humanitarian and compassionate grounds.
- Federal Court: judicial review of enforcement decisions and urgent stay motions.
- Mobility restoration: record suspensions and US entry waivers to deal with the underlying record.
Common questions
What is a section 44 report?
A report under s.44(1) of IRPA is an officer's opinion that you are inadmissible to Canada: for criminality, misrepresentation, non-compliance, or other grounds. It can lead to a removal order directly or after an admissibility hearing. It is the start of a process, not its end.
Can a s.44 report be stopped?
Officers and Minister's delegates have discretion at several points. Well-prepared submissions on the facts, equities and hardship can influence whether a report is written, referred, or resolved another way. That is why counsel should be involved as early as possible.
What if a removal order has already been made?
Depending on the ground and the decision-maker, options can include an appeal to the Immigration Appeal Division, judicial review in Federal Court, and in urgent cases a motion to stay removal.
For a step-by-step account of what follows a report and the deadlines that attach to each stage, read Named in a s.44 report? What happens next.
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