What is IRPA s.45?

IRPA s.45 authorizes the Immigration Division (ID) of the Immigration and Refugee Board to conduct admissibility hearings. These are adversarial proceedings where the Minister (represented by CBSA hearings officers) seeks a finding of inadmissibility — and the affected person has the right to be heard and represented.

When admissibility hearings happen

A Section 44 inadmissibility report can be referred to ID under s.45 for the more serious inadmissibility grounds:

• Security (s.34)
• Human rights violations (s.35)
• Organized criminality (s.37)
• Serious criminality (s.36(1)) in some cases
• Misrepresentation (s.40) in some cases

(Less serious cases are typically resolved by the Minister's Delegate directly without ID referral.)

Possible outcomes

At an admissibility hearing, the ID member can:

• Determine the person inadmissible and issue the appropriate removal order (deportation, exclusion, or departure)
• Determine the person not inadmissible — case dismissed; the report is essentially withdrawn
• Make consequential findings on related issues (e.g. whether s.34(f) membership criteria are met)

Right to representation

Affected persons have the right to:

• Be represented by counsel — RCIC, RCIC-IRB, lawyer, paralegal, or student-at-law under supervision
• Call evidence and witnesses
• Cross-examine the Minister's witnesses
• Make legal submissions

Disclosure and evidence rules

ID proceedings follow specific procedural rules:

• The Minister must disclose evidence to the affected person in advance
• Affected person can request additional disclosure
• Standard of proof is balance of probabilities (lower than criminal standard)
• Evidence rules are flexible — ID can accept hearsay if probative

Appeal rights

Negative ID decisions can be:

• Appealed to the IAD in some cases (limited grounds — typically for PRs)
• Reviewed in Federal Court via judicial review (15-day deadline)

What to do if you're scheduled for ID

Get representation immediately. ID hearings have technical procedural rules and significant consequences. Halani's RCIC-IRB licence authorizes ID representation. For complex constitutional or Charter arguments, we co-counsel with experienced lawyers.