The Immigration Division (ID)
The Immigration Division (ID) is one of the four IRB divisions. ID consists of two main functions: to conduct admissibility hearings for certain categories of people believed to be inadmissible to, or removable from, Canada, and to conduct detention reviews for most persons being detained under the IRPA.
Canada Border Services Agency (CBSA) is responsible for border enforcement, immigration enforcement and customs services. If CBSA has a reason to believe that an individual has not followed the IRPA, they will ask the IRB to conduct an admissibility hearing. The admissibility hearing will determine if the individual has a right to remain or enter Canada.
When does the ID decide to hold a hearing?
The ID holds a hearing for someone only at the request of the Canada Border Service Agency (CBSA). A CBSA officer provides a report containing the reasons for which he/she believes that the person should not be admitted to, or allowed to stay in, Canada.
For whom are hearings held?
Foreign nationals or permanent residents believed to be in violation of the Immigration and Refugee Protection Act.
What are the grounds for inadmissibility to, or removal from, Canada?
- security grounds
- violating human rights
- serious criminality
- organized criminality
- health reasons
- financial reasons (unable to provide for oneself)
- failure to comply with the Act
What happens after a hearing?
Based on the evidence and the testimony of both parties (CBSA and the person concerned), the ID decides whether or not the allegations are founded.
- If it decides that the allegations are founded, the ID issues a removal order for the person concerned.
- If it decides that the allegations are not founded, the ID stops the hearing and the person concerned retains his/her status.
Who can be detained?
A foreign national or permanent resident.
What are the grounds for detention?
The CBSA may want to detain a person who:
- is unlikely to appear for an examination, hearing or removal,
- is a danger to the public or has violated human or international rights, or
- has not established his/her identity.
- is inadmissible for security reasons or violating human or international rights,
serious criminality, criminality or organized criminality.
Why does the ID review the grounds for detention?
The ID reviews the grounds for detention to ensure that the person is not detained without sufficient reasons, and that the situation which led to the detention still exists.
When does the ID review the grounds for detention?
When a person is detained by the CBSA, the ID carries out a review:
- within 48 hours of the start of detention or without delay afterwards.
- then within 7 days of that first review.
- after that, the ID reviews the grounds for detention at least every 30 days.
These timeframes do not apply to designated foreign nationals where a different detention scheme applies.
What happens then?
Based on the evidence and the testimony of both parties (CBSA and the person concerned), the ID may:
- order the release of the person detained, with or without conditions, or
- maintain the detention.