If you have received a procedural fairness letter, been told an officer is writing a report about you, or been called to an admissibility hearing, your status in Canada may be at risk. Your written response is often your best opportunity to change the outcome.
Canada’s immigration law lists reasons a permanent resident or foreign national can be found inadmissible, including criminality, misrepresentation and non-compliance with the conditions of their status. When an officer believes someone is inadmissible, the officer may prepare a report under section 44 of the Immigration and Refugee Protection Act.
What happens next depends on the ground and on your status. The report may be closed, a removal order may be issued, or the matter may be referred to the Immigration Division for an admissibility hearing.
Procedural fairness letters have short response times. The letter will say how long you have to respond. Send it to us as soon as it arrives so there is time to gather evidence.
We review the allegation and the evidence the officer relies on, and we prepare written submissions explaining why a report should not be written or referred: legal arguments, the facts behind the allegation, and humanitarian factors such as family, children and establishment in Canada.
If the matter is referred to the Immigration Division, we represent you at the admissibility hearing. Some permanent residents have a right of appeal to the Immigration Appeal Division, where humanitarian factors can be considered. In other cases, judicial review may be available.
If you are not a Canadian citizen and you are facing a criminal charge, the way the charge is resolved can determine whether you can stay in Canada. We consider immigration consequences in every criminal defence file.
CBSA or IRCC tells you about the concern and invites a response.
We file a response with evidence and legal argument within the deadline.
The officer decides whether to write a section 44 report, and a delegate decides whether to refer it.
If referred, the Immigration Division holds a hearing. Appeal or judicial review may follow.
Yes. Serious criminality, misrepresentation and failing to meet the residency obligation can all lead to loss of permanent residence. Getting advice early gives you the most options.
You can, but anything you say may be used in the report. It is usually better to get advice before an interview or written response.
A misrepresentation finding generally bars you for five years. In some cases a temporary resident permit or other remedy may be possible. We assess your options.
Book a consultation online, or call us Monday to Friday, 9:00 a.m. to 5:00 p.m.
587-393-3958Request a consultationBook a consultation online, or call us at 587-393-3958, Monday to Friday, 9:00 a.m. to 5:00 p.m.
The information on this page is general information, not legal advice, and may not reflect recent changes in the law. Contacting UMPC Law does not create a lawyer–client relationship.
UMPC Law is the trade name of Usman Mahmood Professional Corporation, a law practice in Northeast Calgary representing clients in immigration, motor vehicle accident, criminal and family matters.
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Calgary, Alberta T1Y 6Z1
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The information on this website is general information, not legal advice. Contacting UMPC Law does not create a lawyer–client relationship. Limitation periods and deadlines can be short; get advice promptly.
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