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Report on Inadmissibility
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| Preparation of
report
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44. (1) An officer who is of the opinion that
a permanent resident or a foreign national who
is in Canada is inadmissible may prepare a
report setting out the relevant facts, which
report shall be transmitted to the Minister.
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| Referral or
removal order
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(2) If the Minister is of the opinion that the
report is well-founded, the Minister may refer
the report to the Immigration Division for an
admissibility hearing, except in the case of a
permanent resident who is inadmissible solely
on the grounds that they have failed to comply
with the residency obligation under section 28
and except, in the circumstances prescribed by
the regulations, in the case of a foreign
national. In those cases, the Minister may
make a removal order.
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| Conditions
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(3) An officer or the Immigration Division
may impose any conditions, including the
payment of a deposit or the posting of a
guarantee for compliance with the conditions,
that the officer or the Division considers
necessary on a permanent resident or a foreign
national who is the subject of a report, an
admissibility hearing or, being in Canada, a
removal order.
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Admissibility Hearing by the Immigration
Division
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| Decision
|
45. The Immigration Division, at the
conclusion of an admissibility hearing, shall
make one of the following decisions:
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(a) recognize the right to enter Canada of a
Canadian citizen within the meaning of the
Citizenship Act, a person registered as an
Indian under the Indian Act or a permanent
resident;
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(b) grant permanent resident status or
temporary resident status to a foreign
national if it is satisfied that the foreign
national meets the requirements of this Act;
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(c) authorize a permanent resident or a
foreign national, with or without
conditions, to enter Canada for further
examination; or
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(d) make the applicable removal order
against a foreign national who has not been
authorized to enter Canada, if it is not
satisfied that the foreign national is not
inadmissible, or against a foreign national
who has been authorized to enter Canada or
a permanent resident, if it is satisfied that
the foreign national or the permanent
resident is inadmissible.
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Loss of Status
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| Permanent
resident
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46. (1) A person loses permanent resident
status
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(a) when they become a Canadian citizen;
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(b) on a final determination of a decision
made outside of Canada that they have
failed to comply with the residency
obligation under section 28;
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(c) when a removal order made against
them comes into force; or
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(d) on a final determination under section
109 to vacate a decision to allow their claim
for refugee protection or a final
determination under subsection 114(3) to
vacate a decision to allow their application
for protection.
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| Permanent
resident
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(2) A person who ceases to be a citizen
under paragraph 10(1)(a) of the Citizenship
Act, other than in the circumstances set out in
subsection 10(2) of that Act, becomes a
permanent resident.
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| Temporary
resident
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47. A foreign national loses temporary
resident status
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(a) at the end of the period for which they
are authorized to remain in Canada;
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(b) on a determination by an officer or the
Immigration Division that they have failed
to comply with any other requirement of
this Act; or
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(c) on cancellation of their temporary
resident permit.
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Enforcement of Removal Orders
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| Enforceable
removal order
|
48. (1) A removal order is enforceable if it
has come into force and is not stayed.
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| Effect
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(2) If a removal order is enforceable, the
foreign national against whom it was made
must leave Canada immediately and it must be
enforced as soon as is reasonably practicable.
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| In force
|
49. (1) A removal order comes into force on
the latest of the following dates:
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(a) the day the removal order is made, if
there is no right to appeal;
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(b) the day the appeal period expires, if
there is a right to appeal and no appeal is
made; and
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(c) the day of the final determination of the
appeal, if an appeal is made.
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| In force -
claimants
|
(2) Despite subsection (1), a removal order
made with respect to a refugee protection
claimant is conditional and comes into force
on the latest of the following dates:
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(a) the day the claim is determined to be
ineligible only under paragraph 101(1)(e);
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(b) in a case other than that set out in
paragraph (a), seven days after the claim is
determined to be ineligible;
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(c) 15 days after notification that the claim
is rejected by the Refugee Protection
Division, if no appeal is made, or by the
Refugee Appeal Division, if an appeal is
made;
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(d) 15 days after notification that the claim
is declared withdrawn or abandoned; and
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(e) 15 days after proceedings are terminated
as a result of notice under paragraph
104(1)(c) or (d).
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| Stay
|
50. A removal order is stayed
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(a) if a decision that was made in a judicial
proceeding - at which the Minister shall
be given the opportunity to make
submissions - would be directly
contravened by the enforcement of the
removal order;
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(b) in the case of a foreign national
sentenced to a term of imprisonment in
Canada, until the sentence is completed;
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(c) for the duration of a stay imposed by the
Immigration Appeal Division or any other
court of competent jurisdiction;
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(d) for the duration of a stay under
paragraph 114(1)(b); and
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(e) for the duration of a stay imposed by the
Minister.
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| Void -
permanent
residence
|
51. A removal order that has not been
enforced becomes void if the foreign national
becomes a permanent resident.
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| No return
without
prescribed
authorization
|
52. (1) If a removal order has been enforced,
the foreign national shall not return to Canada,
unless authorized by an officer or in other
prescribed circumstances.
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| Return to
Canada
|
(2) If a removal order for which there is no
right of appeal has been enforced and is
subsequently set aside in a judicial review, the
foreign national is entitled to return to Canada
at the expense of the Minister.
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Regulations
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| Regulations
|
53. The regulations may provide for any
matter relating to the application of this
Division, and may include provisions
respecting
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(a) conditions that may or must be imposed,
varied, or cancelled, individually or by
class, on permanent residents and foreign
nationals;
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(b) the circumstances in which a removal
order shall be made or confirmed against a
permanent resident or a foreign national;
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(c) the circumstances in which status may
be restored;
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(d) the circumstances in which a removal
order may be stayed, including a stay
imposed by the Minister and a stay that is
not expressly provided for by this Act;
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(e) the effect and enforcement of removal
orders;
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(f) the effect of a pardon under the Criminal
Records Act on the status of permanent
residents and foreign nationals and removal
orders made against them; and
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(g) the financial obligations that may be
imposed with respect to a removal order.
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| Immigration
Division
|
54. The Immigration Division is the
competent Division of the Board with respect
to the review of reasons for detention under
this Division.
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| Arrest and
detention with
warrant
|
55. (1) An officer may issue a warrant for
the arrest and detention of a permanent
resident or a foreign national who the officer
has reasonable grounds to believe is
inadmissible and is a danger to the public or is
unlikely to appear for examination, an
admissibility hearing or removal from
Canada.
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| Arrest and
detention
without
warrant
|
(2) An officer may, without a warrant, arrest
and detain a foreign national, other than a
protected person,
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(a) who the officer has reasonable grounds
to believe is inadmissible and is a danger to
the public or is unlikely to appear for
examination, an admissibility hearing,
removal from Canada, or at a proceeding
that could lead to the making of a removal
order by the Minister under subsection
44(2); or
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(b) if the officer is not satisfied of the
identity of the foreign national in the course
of any procedure under this Act.
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| Detention on
entry
|
(3) A permanent resident or a foreign
national may, on entry into Canada, be
detained if an officer
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(a) considers it necessary to do so in order
for the examination to be completed; or
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(b) has reasonable grounds to suspect that
the permanent resident or the foreign
national is inadmissible on grounds of
security or for violating human or
international rights.
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| Notice
|
(4) If a permanent resident or a foreign
national is taken into detention, an officer
shall without delay give notice to the
Immigration Division.
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| Release -
officer
|
56. An officer may order the release from
detention of a permanent resident or a foreign
national before the first detention review by
the Immigration Division if the officer is of the
opinion that the reasons for the detention no
longer exist. The officer may impose any
conditions, including the payment of a deposit
or the posting of a guarantee for compliance
with the conditions, that the officer considers
necessary.
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| Review of
detention
|
57. (1) Within 48 hours after a permanent
resident or a foreign national is taken into
detention, or without delay afterward, the
Immigration Division must review the reasons
for the continued detention.
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| Further
review
|
(2) At least once during the seven days
following the review under subsection (1), and
at least once during each 30-day period
following each previous review, the
Immigration Division must review the reasons
for the continued detention.
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| Presence
|
(3) In a review under subsection (1) or (2),
an officer shall bring the permanent resident
or the foreign national before the Immigration
Division or to a place specified by it.
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| Release -
Immigration
Division
|
58. (1) The Immigration Division shall
order the release of a permanent resident or a
foreign national unless it is satisfied, taking
into account prescribed factors, that
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(a) they are a danger to the public;
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(b) they are unlikely to appear for
examination, an admissibility hearing,
removal from Canada, or at a proceeding
that could lead to the making of a removal
order by the Minister under subsection
44(2);
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(c) the Minister is taking necessary steps to
inquire into a reasonable suspicion that they
are inadmissible on grounds of security or
for violating human or international rights;
or
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(d) the Minister is of the opinion that the
identity of the foreign national has not been,
but may be, established and they have not
reasonably cooperated with the Minister by
providing relevant information for the
purpose of establishing their identity or the
Minister is making reasonable efforts to
establish their identity.
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| Detention -
Immigration
Division
|
(2) The Immigration Division may order
the detention of a permanent resident or a
foreign national if it is satisfied that the
permanent resident or the foreign national is
the subject of an examination or an
admissibility hearing or is subject to a removal
order and that the permanent resident or the
foreign national is a danger to the public or is
unlikely to appear for examination, an
admissibility hearing or removal from
Canada.
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| Conditions
|
(3) If the Immigration Division orders the
release of a permanent resident or a foreign
national, it may impose any conditions that it
considers necessary, including the payment of
a deposit or the posting of a guarantee for
compliance with the conditions.
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| Incarcerated
foreign
nationals
|
59. If a warrant for arrest and detention
under this Act is issued with respect to a
permanent resident or a foreign national who
is detained under another Act of Parliament in
an institution, the person in charge of the
institution shall deliver the inmate to an
officer at the end of the inmate's period of
detention in the institution.
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| Minor
children
|
60. For the purposes of this Division, it is
affirmed as a principle that a minor child shall
be detained only as a measure of last resort,
taking into account the other applicable
grounds and criteria including the best
interests of the child.
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| Regulations
|
61. The regulations may provide for the
application of this Division, and may include
provisions respecting
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(a) grounds for and conditions and criteria
with respect to the release of persons from
detention;
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(b) factors to be considered by an officer or
the Immigration Division; and
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(c) special considerations that may apply in
relation to the detention of minor children.
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