You've Been Named in a s.44 Report. What Actually Happens Next?
A report under section 44(1) of IRPA means an officer believes you are inadmissible to Canada: for criminality, misrepresentation, non-compliance, or another ground. People often assume the report is itself the removal order. It is not. It is the first step in a process with several decision points, and at almost every one of them, what you put in front of the decision-maker matters.
The process, step by step
- The report (s.44(1)). An officer sets out the alleged ground of inadmissibility and the facts said to support it.
- The Minister's Delegate review (s.44(2)). A delegate decides whether the report is well-founded and what to do with it: take no action, issue a removal order directly (for certain grounds), or refer the matter to the Immigration Division for an admissibility hearing. For some grounds and some statuses, the delegate has genuine discretion. This is often the most underused opportunity in the whole process. Submissions on your circumstances, rehabilitation, family, and establishment can and do change what happens here.
- The admissibility hearing. If referred, the Immigration Division holds a hearing where the Minister must establish the ground. It is an adversarial proceeding with evidence and argument, not a formality.
- After a removal order. Depending on the ground and the order, there may be an appeal to the Immigration Appeal Division, or judicial review in Federal Court.
Where counsel changes the outcome
Three points, in order of leverage: written submissions before the s.44(2) decision (shaping whether the matter ever gets referred), the admissibility hearing itself (holding the Minister to the elements of the ground), and preserving review rights afterward, where deadlines are short. The common thread is timing: the earlier counsel is involved, the more of the process is still open.
Permanent residents: the stakes are different
For permanent residents, some findings carry loss of status and restricted appeal rights, particularly serious criminality. If you hold PR status and received a s.44 report, treat it as urgent even if no hearing date exists yet.
General legal information, not advice. The process varies with the alleged ground and your status.