IRB relationship with CBSA regarding removals

​​Immigration Division

  • The CBSA would refer a Report prepared by the Minister to the Immigration Division to hold an admissibility hearing (known as a s. 44 Report). 
  • An admissibility hearing is an adversarial process whereby at the conclusion of the evidence and submissions, the Immigration Division member who has presided over the admissibility hearing makes a decision as to whether the person concerned is inadmissible (e.g. security, human rights violations, serious criminality/criminality).
  • If it is found that the person concerned is inadmissible, a removal order is issued. It is then up to the CBSA to act on the removal.

Immigration Appeal Division

  • The Immigration Appeal Division can confirm or issue a removal order in the following scenarios:
    • The Minister may appeal to the IAD against a decision of the ID in an admissibility hearing not to issue a removal order (s. 63.5). If the appeal is allowed, the IAD will issue a removal order.
    • The permanent resident or foreign national may have the right to appeal a removal order to the IAD (s. 63.2 and s. 63.3). If the appeal is dismissed, the IAD will confirm the removal order previously issued by the Immigration Division or by CBSA.
    • A permanent resident may appeal to the IAD against a decision made outside of Canada on the residency obligation (s. 63.4). If the appeal is dismissed and the appellant is or believed to be in Canada at the time of the decision, the IAD will issue a removal order.

Key Stats on ID/IAD removal orders

  • IAD removal order appeals and ID admissibility hearings represent a small proportion of the overall volume of removals by CBSA.

Removal order appeals

  • Between FY2018-2019 and FY2020-21 (October), the IAD finalized 2,800 removal order appeals, of which 33% resulted in a dismissed appeal.  
  • 1,200 pending removal order appeals at the IAD as of October 31, 2020 (this number includes 600 stayed appeals). These appeals make up approximately 36% of all pending IAD appeals as of the end of October. 
  • The overall IAD inventory has decreased by almost half over the past two years, as the IAD has successfully cleared its backlog of cases.

Admissibility hearings

  • Between FY2018-2019 and FY2020-21 (October), the ID finalized 1,600 admissibility hearings, of which 47% resulted in a deportation order. 
  • 544 pending as of October 31, 2020
  • This fiscal year to date (Apr-Oct 2020), the ID has received 470 admissibility hearings. This is approximately half the volume it received in the same time period last year.

IAD removal order appeals

 2018-192019-202020-21 (Apr-Oct)
% dismissed 30% 36% 36%

ID admissibility hearings

 2018-192019-202020-21 (Apr-Oct)
Deportation order737700246
% deportation order 44% 44% 57%

Refugee Protection and Refugee Appeal Divisions

  • Pending the outcome of claims, a refugee claimant will receive a conditional Removal Order.
  • The Refugee Protection Division and Refugee Appeal Division make decisions over refugee claims and appeals. Once a decision is issued, it is shared with CBSA (through digital exchange – NOVA/GCMS; as well as ePost/email/mail/courier).
  • The Removal Order will not be enforced with positive refugee determination decisions. Once the refugee claimant is a permanent resident of Canada, the Removal Order will be void.
  • The Removal Order will come into force with negative refugee determination decisions.
  • Once all avenues of recourse are exhausted, the refugee claimant must leave Canada immediately.