By
Pace Law

How To Survive An Admissibility Hearing

March 9, 2011

Karen Kwan Anderson

by Karen Kwan Anderson – Pace Law Firm: Part of my job as an advocate in immigration matters is to defend a client who is accused of having engaged in misrepresentation.

A frequent allegation of misrepresentation is that the client entered into a marriage for the primary purpose of gaining permanent residence in Canada, popularly called a “marriage of convenience.”

The accuser is the Minister of Citizenship and Immigration by its counsel at the Canada Border Services Agency (CBSA). Once accused, the client must attend an admissibility hearing before an adjudicator of the Immigration Division of the Immigration and Refugee Board. The possible outcomes of an admissibility hearing are:

(1) the client is found to have misrepresented themselves, and an exclusion order is issued. This means they must leave Canada and cannot return for 2 years.

(2) the client is not found to have misrepresented themselves, and no order is issued.

If the client is a permanent resident of Canada, they have the right to appeal an exclusion order. The appeal is heard by an adjudicator at the Immigration Appeal Division, which has jurisdiction to receive evidence in support of humanitarian and compassionate grounds, such as long-term residency in Canada, family connections in Canada, and the best interests of any child directly impacted by a decision.

Here are my tips on how to survive an often grueling examination during an admissibility hearing:

1. Prepare, prepare, prepare.
2. Anticipate that CBSA will ask tough questions about all material facts.
3. Read the disclosure from CBSA to know the allegations.
4. Remember key dates, such as date of marriage/separation/divorce, date of landing, any information on children if applicable, etc.
5. Relax and tell the truth.
6. Answer questions directly. Do not answer a question with a question.
7. Don’t guess. It’s OK to say you don’t know.
8. Wait for the entire question to be asked, then answer carefully.
9. Speak clearly and audibly.
10. Get to the hearing room early. It is disrespectful to all attendees if you are late without a reasonable explanation.

If you have any questions or need help, contact me here and I will respond as soon as possible.

Share This Post
Email
Facebook
LinkedIn
Twitter
Trending Posts
Read More Insights
Wills And Estates
By
Angela Barrientos
A will is a legal document that clearly states how a person’s property and belongings will be divided after their passing.
Immigration
By
Angela Barrientos
Since its introduction in 2013, the program has been a huge success in assisting Canada in luring and keeping outstanding entrepreneurs who can contribute to the expansion and prosperity of the country’s economy.
Corporate and Personal Law
By
Angela Barrientos
In 2022 the Government of Canada passed new amendments that expanded the Scope of the Competition Act. In this article, we look back on some of the changes that took place.
Corporate and Personal Law
By
Angela Barrientos
The term “mergers and acquisitions,” also known as M&A, refers to the merging of businesses or their essential business assets via business-to-business monetary operations.
Wills And Estates
By
Angela Barrientos
A will is a written statement that represents you after death. It specifies how you intend on allocating your assets and property.
Events
By
Pace Law
Pace Law Firm is always looking to expand our business and elevate it to the next level. On Thursday November 24th, Pace Law Firm attended the Canadian Mortgage Summit (CMS) to hear from the industry’s top mortgage brokers, lenders and solution providers.

Get in Touch

Call us now or fill out the form to discuss your case with an experienced legal professional.

Our Locations

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Office Location

191 The West Mall, Suite 1100
Toronto, ON M9C 5K8
Phone: 1-877-236-3060
Fax: 416-236-1809

Scroll to Top
Scroll to Top