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ADMISSIBILITY HEARINGS

If a permanent resident or foreign national in Canada is alleged inadmissible, an inadmissibility report may be prepared. If the report is well-founded, the person in question will be referred to the ID for an admissibility hearing. An ID member will determine whether the person concerned is admissible or not. If they are inadmissible, they will be issued a removal order.

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Removal orders are issued against permanent residents or foreign nationals in Canada who have become inadmissible, thus should be removed from Canada. Permanent residents have the right to appeal a removal order against them to the Immigration Appeal Division unless they are inadmissible on the most serious inadmissibility grounds. Foreign nationals other than protected persons and PR visa holders do not have the right to appeal, but they may seek judicial review at the Federal Court.

The Immigration Appeal Division is the Division dealing with immigration appeals, including the sponsorship appeal, removal order appeal, and Minister’s appeal.

The Refugee Appeal Division is responsible for refugee appeals. Not all refugee claimants rejected by the Refugee Protection Division have the right to appeal to the Refugee Appeal Division. If they don’t have the right to appeal the refusal decision, they may seek judicial review at the Federal Court.