What is IRPA s.44?

IRPA s.44 authorizes an immigration officer (CBSA or IRCC) to write a report alleging that a foreign national or permanent resident is inadmissible to Canada. The report goes to a Minister's Delegate for review.

The s.44 process

1. Officer prepares the report alleging inadmissibility under a specific IRPA section (s.34 security, s.35 human rights, s.36 criminality, s.37 organized crime, s.38 medical, s.40 misrepresentation, s.41 non-compliance)
2. Minister's Delegate reviews the report. Outcomes:
   • Cancel the report (rare — usually when evidence is thin)
   • Issue a removal order directly (for less serious cases the Delegate has authority)
   • Refer to the Immigration Division (ID) for an admissibility hearing
3. ID hearing — the foreign national or PR has the right to be heard, represented, and to call evidence

What types of cases go to ID vs. direct removal

• Direct removal by Minister's Delegate: typically for clear-cut s.41 non-compliance (e.g. overstay), some s.36(2) lower-criminality cases
• Referral to ID hearing: typically for serious cases (s.34, s.35, s.37, s.36(1) serious criminality, s.40 misrepresentation)

Why the s.44 stage matters

The s.44 report is the first formal step in losing status or being removed. At this stage:

• The applicant has the right to make submissions to the Minister's Delegate (often by retaining counsel)
• Persuasive submissions can result in the report being cancelled or modified
• After the s.44 report is referred to ID, the proceedings become more formal and adversarial

What to do if you receive a Section 44 report

Time-critical. Get representation immediately upon receiving any Section 44 report. The submission window before the Minister's Delegate decides is short. Halani's RCIC-IRB licensing covers Section 44 representation and ID hearings.