How to Win an Admissibility Hearing

To succeed in an admissibility hearing, you need thorough preparation, a clear legal strategy, and strong supporting evidence.

These are the key steps to help you build a solid case to win an admissibility hearing:

Understanding the allegations against you
Collecting strong evidence
Preparing witnesses (if applicable)
Developing a strong legal argument
Submitting documents and meeting deadlines
Practicing for the hearing

If you or a loved one is facing an admissibility hearing, the right legal strategy can make all the difference. At Kingwell Immigration Law, we specialize in representing clients in complex immigration proceedings, ensuring their rights are protected and giving them the best possible chance of staying in Canada.

With over 20 years of experience, our firm provides guidance, strong legal advocacy, and strategic defense tailored to your unique case.

Wondering how to win an admissibility hearing? Don’t leave your future to chance—contact our deportation lawyer today for a strong legal representation and defense.

Preparation Strategies: How to Win an Admissibility Hearing

Winning an admissibility hearing requires careful preparation, strong supporting evidence, and a well-structured legal argument. Here are the essential steps to prepare effectively.

1. Understanding the Allegations Against You

Before developing a defense, it is pivotal to understand why the Canadian government considers you inadmissible. Carefully review:

The inadmissibility report issued by CBSA or IRCC.
The Notice to Appear, which outlines the allegations.
Any legal documents or case law relevant to your situation.

Knowing the specific grounds for inadmissibility (e.g., criminality, misrepresentation, security risks) will help you build the right defense strategy.

2. Collecting Strong Evidence

A well-documented case with compelling evidence can significantly improve the chances of success. Gather and organize the following types of evidence, which we can help you with:

Identity and Immigration Documents: Passport, permanent resident card, visa records, previous immigration applications and approvals.
Criminal and Rehabilitation Documents (if applicable): Police clearance certificates from all countries of residence, proof of rehabilitation such as completion of parole or community service, character reference letters from employers, religious leaders, or community members.
Medical or Psychological Reports (if relevant): Medical documentation proving a condition does not pose a public health risk, psychological evaluations supporting rehabilitation, or mitigating factors.
Financial and Employment Records: Bank statements, tax returns, and employment letters to demonstrate financial stability, business ownership documents if self-employed.
Personal Statements and Affidavits: A written statement explaining the circumstances and providing context for the allegations, affidavits from family members, employers, or experts supporting your case.

All documents should be translated into English or French if they are in another language.

3. Preparing Witnesses (If Applicable)

Witness testimony can strengthen your defense if they can provide relevant information that supports your case.

Who Can Be a Witness?

Family members who can testify about your character and contributions.
Employers who can confirm your work history and good conduct.
Experts (e.g., legal professionals, doctors, psychologists) who can provide specialized opinions.

How to Prepare Witnesses:

Ensure they understand the key facts of your case.
Conduct a practice session to prepare them for questioning.
Submit witness names and statements at least five days before the hearing.

4. Developing a Strong Legal Argument

We will build a strong legal argument focusing on challenging the inadmissibility claim and demonstrating why you should be allowed to stay in Canada.

Common Defense Strategies:

Challenging the validity of CBSA’s evidence (e.g., errors in criminal records, outdated information).
Proving rehabilitation (e.g., demonstrating a clean record for several years, active community involvement).
Showing humanitarian and compassionate factors (e.g., family ties in Canada, impact on children).
Arguing for procedural fairness (e.g., if CBSA made errors in their investigation).

The argument will be clear, factual, and legally sound.

5. Submitting Documents and Meeting Deadlines

To avoid complications, we will follow all procedural requirements:

Submit evidence and witness information at least five days before the hearing.
Ensure all documents are formatted correctly and translated if necessary.
Double-check submission deadlines to avoid delays or rejection.

6. Practicing for the Hearing

Since an admissibility hearing is a formal legal process, it’s important to be well-prepared for questioning.

Tips for a Strong Hearing Performance:

Stay calm and professional during questioning.
Answer clearly and honestly, avoiding unnecessary details.
Be ready to respond to CBSA’s claims with factual evidence.
If you don’t understand a question, ask for clarification instead of guessing.

Practicing mock hearings can help build confidence before the actual hearing.

Time is critical in immigration cases. Schedule a consultation with our deportation lawyer now to prepare the best possible strategy for your admissibility hearing.

The Admissibility Hearing Process

The admissibility hearing process requires thorough preparation, as the outcome can have life-changing consequences, including removal from Canada. Understanding the steps involved—from receiving a Notice to Appear to presenting a strong legal defense—can significantly impact the chances of a successful outcome.

Step 1: Issuance of an Inadmissibility Report

The admissibility hearing process begins when a Canada Border Services Agency (CBSA) officer or an Immigration, Refugees and Citizenship Canada (IRCC) officer issues an inadmissibility report under the Immigration and Refugee Protection Act (IRPA).

This report is issued if the officer believes the individual has violated Canadian immigration laws and may be inadmissible to the country. The report typically outlines:

The specific grounds for inadmissibility (e.g., criminality, misrepresentation, security concerns).
Evidence supporting the inadmissibility claim.
A recommendation for an admissibility hearing before the Immigration Division (ID).

Step 2: Receiving a Notice to Appear

If CBSA or IRCC refers the case for an admissibility hearing, the individual will receive a Notice to Appear from the Immigration Division (ID). This notice includes:

The allegations against the individual.
The date, time, and location of the hearing (or instructions for a virtual hearing).
Information on how to submit evidence before the hearing.

It is essential to review the Notice to Appear carefully and prepare a strong legal strategy before the hearing date.

Step 3: Preparing for the Hearing

Proper preparation is key to successfully defending against inadmissibility claims. Preparation typically involves the following steps:

Collecting and Submitting Evidence:

Official identity documents (passport, PR card, visa records).
Criminal record checks and proof of rehabilitation (if applicable).
Supporting letters from employers, family, or community members.
Medical or financial records relevant to the case.

Preparing Witnesses:

Identifying witnesses who can support the individual’s case (e.g., employers, family members, experts).
Ensuring all witnesses are properly declared and prepared for questioning before the hearing.

Developing a Strong Legal Argument:

Reviewing immigration case law and past legal precedents.
Identifying weaknesses in CBSA’s case and preparing counterarguments.
Exploring alternative legal pathways, such as Humanitarian and Compassionate (H&C) relief or rehabilitation programs for criminal inadmissibility.

All evidence and witness information must be submitted at least five days before the hearing.

Additional reading: PR card expired

Step 4: The Hearing Itself

The admissibility hearing is a formal legal proceeding conducted by a Member of the Immigration Division (ID).

The following participants are typically involved:

The Minister’s Counsel (CBSA or IRCC lawyer) presenting the government’s case.
The individual (applicant) and their legal representative.
Witnesses, if applicable.

The hearing follows this structure:

Opening Statements: CBSA presents the allegations and evidence supporting inadmissibility, and the defense presents a counter-argument disputing the inadmissibility claim.
Presentation of Evidence: CBSA submits official documents, testimony, and records to support their case, while the individual or their lawyer presents counter-evidence such as legal documents, expert opinions, and affidavits.
Witness Testimonies: Both CBSA and the defense may call witnesses to testify, and the Immigration Division Member may ask questions.
Closing Arguments: Both sides summarize their positions and argue why the individual should or should not be found inadmissible.

The hearing may last a few hours or multiple sessions, depending on the complexity of the case.

Step 5: The Decision

Once all evidence and arguments are presented, the Immigration Division Member will issue a decision. This may be given:

Immediately at the hearing (in straightforward cases).
In writing at a later date (if the case requires further consideration).

The decision will result in one of the following outcomes:

The individual is found admissible and allowed to remain in Canada.
The individual is issued a removal order and must leave Canada.
The individual may be allowed to stay under specific conditions (e.g., reporting requirements, travel restrictions).

If the decision is unfavorable, some individuals may have the right to appeal to the Immigration Appeal Division (IAD) or apply for judicial review in Federal Court.

A removal order doesn’t have to be the final word. Let our experienced deportation lawyer help you explore appeals and alternative solutions—book a consultation right away.

Conduct During the Admissibility Hearing

Your behavior and responses during the hearing can significantly impact the outcome. Since this is a formal legal proceeding, maintaining professionalism, composure, and clarity is essential.

Arriving Prepared

To win an admissibility hearing, preparation starts before the hearing begins. Arriving on time, dressing appropriately, and bringing all relevant documents demonstrate your commitment to the process. If the hearing is virtual, ensure a quiet, well-lit space with a stable internet connection.

The hearing will be presided over by an Immigration Division Member, who will listen to arguments and evaluate evidence. The CBSA or IRCC lawyer, representing the government, will present the case for inadmissibility. You, as the individual under review, will have the opportunity to present evidence, provide testimony, and challenge the allegations. Witnesses may also be called to support your case.

Following Proper Courtroom Etiquette

A professional and respectful demeanor is vital. To maintain credibility:

Listen carefully and follow the Immigration Division Member’s instructions.
Speak clearly and concisely, avoiding unnecessary details.
Remain calm even if the CBSA lawyer challenges your statements.
Do not interrupt—you will have time to respond.

Address the tribunal respectfully by referring to the Immigration Division Member as “Member” or “Sir/Madam.”

Answering Questions Effectively

An important part of how to win an admissibility hearing is answering questions strategically.

Be honest and direct. Misleading answers can harm your credibility.
Stick to the question asked. Avoid providing excessive details that may weaken your case.
Ask for clarification if needed. It is better to understand the question than to guess.
Remain composed under pressure. The CBSA lawyer may ask tough or uncomfortable questions, but staying calm and confident is key.

If you genuinely do not know the answer, it is better to admit it rather than make assumptions.

Presenting Your Case

A strong legal defense can be the deciding factor in winning an admissibility hearing. Your case should be well-structured and supported by relevant evidence, such as:

Documents that counter CBSA’s claims.
Proof of rehabilitation (if criminal inadmissibility is a factor).
Letters from employers, family, or community members.
Humanitarian and compassionate considerations (e.g., family ties in Canada).

If witnesses are involved, ensure they are well-prepared for questioning. Their statements should align with your defense and strengthen your case.

Closing Arguments

At the end of the hearing, both CBSA and your defense will present closing arguments. This is the final

Summarize the strongest points of your case.
Highlight weaknesses in CBSA’s claims.
Emphasize why you should be deemed admissible to Canada.

A compelling closing statement can make a strong impact on the Immigration Division Member’s decision.

Receiving the Decision

The Immigration Division Member may issue a ruling:

Immediately after the hearing (for straightforward cases).
In writing after several weeks (if further consideration is needed).

Possible outcomes include:

A positive decision, allowing you to remain in Canada.
A removal order, requiring you to leave the country.
A conditional stay, where you may remain in Canada under specific conditions.

If the outcome is unfavorable, you may have options to appeal or seek judicial review.

Don’t handle immigration law alone. Our deportation lawyer has over 20 years of experience helping clients stay in Canada—get in touch right away.

Grounds for Inadmissibility

Before preparing for an admissibility hearing, it is essential to understand why a person may be deemed inadmissible to Canada. The Immigration and Refugee Protection Act (IRPA) outlines several reasons a person may be found inadmissible. Below are the most common grounds for inadmissibility and how they can impact your case.

Criminal Inadmissibility: Convictions for serious criminal offenses (e.g., assault, fraud, drug trafficking) or being convicted in the past in any country, not just Canada. DUI (Driving Under the Influence) is now considered a serious offense under Canadian immigration law as well.
Misrepresentation: Lying about past immigration history and using fraudulent documents (e.g., fake job letters, forged visas), or omitting important information, such as previous refusals in another country.
Security Risks: Espionage or terrorism. Membership in extremist or organized crime groups and acts of violence or subversion against any government.
Human Rights Violations: War crimes or crimes against humanity, as well as past military or government roles where human rights violations occurred.
Medical Inadmissibility: Medical conditions that pose a danger to public health (e.g., highly contagious diseases) and conditions considered a burden on Canada’s healthcare system.
Financial Inadmissibility: Inability to demonstrate financial self-sufficiency.
Failure to Comply with Canadian Immigration Laws: Overstaying a visa or working without authorization and failing to meet residency obligations for Permanent Residents (PRs).

Potential Outcomes and Next Steps

Understanding the possible outcomes of an admissibility hearing is essential in preparing for what comes next. The decision made by the Immigration Division (ID) of the Immigration and Refugee Board (IRB) will determine whether you can remain in Canada or if further legal action is necessary.

The Immigration Division Member will evaluate the evidence and issue one of the following rulings:

1. Positive Outcome – You Are Found Admissible

If the decision is in your favor, you are allowed to enter or remain in Canada. The case is closed, and you can continue your immigration process without restrictions.

Next Steps: Keep a copy of the decision for your records and continue following Canadian immigration laws to prevent future inadmissibility issues.

This is the best-case scenario and is often achieved through thorough preparation, strong evidence, and effective legal representation.

2. Negative Outcome – You Are Found Inadmissible

If the Immigration Division rules against you, you may receive a removal order, meaning you are required to leave Canada.

There are three types of removal orders:

Departure Order – You must leave Canada within 30 days and confirm your departure with CBSA to avoid further penalties.
Exclusion Order – You are barred from re-entering Canada for one to five years, depending on the circumstances.
Deportation Order – You are permanently banned from Canada unless granted special permission (Authorization to Return to Canada – ARC).

Next Steps: Review your legal options for appealing the decision and consider applying for a Temporary Resident Permit (TRP) or Humanitarian and Compassionate (H&C) relief if eligible.

3. Conditional Stay – You Can Remain Under Certain Conditions

In some cases, the Immigration Division may allow you to stay in Canada under specific conditions, such as:

Reporting regularly to CBSA or IRCC.
Agreeing to certain travel restrictions.
Demonstrating continued rehabilitation (if criminal inadmissibility is involved).

Next Steps: Follow all conditions carefully to avoid complications and work on resolving any remaining immigration issues, such as criminal rehabilitation or sponsorship applications.

Appealing a Negative Decision

If you receive an unfavorable ruling, you may still have options to challenge the decision. The appeal process depends on the type of inadmissibility and the specifics of your case.

1. Appeal to the Immigration Appeal Division (IAD)

Some individuals can appeal their removal order to the Immigration Appeal Division (IAD). However, not everyone qualifies for this option.

You may be ineligible to appeal if you were found inadmissible due to serious criminality, including a prison sentence of six or more months, or based on security concerns, human rights violations, or involvement in organized crime.

If eligible, the appeal must be filed within 30 days of receiving the removal order.

2. Judicial Review at the Federal Court

If you cannot appeal to the IAD, you may request a judicial review by the Federal Court of Canada. This is not a new hearing but a review of whether the Immigration Division made legal errors in your case.

To proceed with judicial review, a leave application must be filed within 15 days of the decision, and if accepted, a Federal Court judge will review whether the ruling was fair and legally justified.

3. Requesting a Pre-Removal Risk Assessment (PRRA)

If you face removal but believe returning to your home country would put you at risk of persecution, torture, or harm, you may apply for a Pre-Removal Risk Assessment (PRRA). This process evaluates whether deportation should be suspended based on humanitarian concerns.

4. Applying for a Temporary Resident Permit (TRP)

If you are inadmissible but have valid reasons to stay in Canada, you may be eligible for a Temporary Resident Permit (TRP). TRPs are granted at the discretion of Immigration, Refugees and Citizenship Canada (IRCC) and allow you to remain in Canada temporarily.

How Kingwell Immigration Law Will Help

Criminal Inadmissibility – We analyze your criminal record to determine if you qualify for a criminal rehabilitation application or a Temporary Resident Permit (TRP). Our team prepares strong legal arguments to demonstrate rehabilitation and prove that you do not pose a risk to Canada.
Misrepresentation – We carefully review your case and develop a legal strategy to show that any misrepresentation was unintentional. If needed, we assist with Humanitarian and Compassionate (H&C) applications to help overcome misrepresentation issues.
Security Risks – We conduct a thorough legal assessment to determine whether the allegations against you are justified. If necessary, we work to present strong evidence proving that you do not pose a security threat to Canada.
Human Rights Violations – We gather supporting evidence to prove that you were not involved in war crimes or crimes against humanity. If applicable, we seek refugee protection for individuals facing persecution.
Medical Inadmissibility – We assist in obtaining medical reports and work with doctors to build a strong case for medical admissibility. We also explore Humanitarian and Compassionate (H&C) relief options for applicants with medical concerns.
Financial Inadmissibility – We help compile the necessary financial proof, such as employment letters, bank statements, and sponsorship support, to demonstrate financial stability and ability to support yourself in Canada.
Failure to Comply with Canadian Immigration Laws – We prepare legal defenses to justify non-compliance with immigration laws, such as overstaying a visa or not meeting residency obligations. Additionally, we assist with appeals or alternative legal pathways to help individuals maintain their status in Canada.

Knowing how to win an admissibility hearing doesn’t stop with the hearing itself—it extends to understanding the possible outcomes and preparing for next steps. Whether the decision is positive, conditional, or requires an appeal, taking the right legal actions can significantly impact your future in Canada.

Your future in Canada is worth fighting for. Contact Kingwell Immigration Law today to build a strong case and increase your chances of winning your admissibility hearing.