In-Canada refugee claims: admissibility

This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.

Admissibility criteria ensure that serious criminals, terrorists, human rights violators and security risks do not have access to the refugee determination system, and are removed from Canada.

The purpose of assessing admissibility is to screen claimants who are inadmissible to Canada for any of the reasons specified in the IRPA (A34 to A42). This assessment is conducted as part of the immigration examination after the refugee claim is received by a delegated officer.

Most refugee claimants are inadmissible by virtue of the fact that they want to remain in Canada permanently, but do not have a permanent resident visa [A41(a), coupled with A20(1)(a)].

To determine admissibility:

If the client is inadmissible

If the claimant is inadmissible, prepare and review the A44(1) report. Accompanying family members who are inadmissible must also be reported. All inadmissibilities should be included in the report.

Review the report to ensure that it is complete and all information is correct.

Review of the 44 report by the Minister’s Delegate (MD):

A44(1) requires that inadmissibility reports be transmitted to the Minister of Public Safety. Under the provisions of A6(2), an officer or a manager may be delegated to act for the Minister.

The Minister’s Delegate (MD) role is to determine if the A44 report is well-founded. Upon receipt of an A44(1) report, the MD may, if of the opinion that the report is well-founded, refer the report to the Immigration Division for an admissibility hearing; or in specific circumstances, issue a removal order. In some cases, the MD may find it necessary to interview the claimant to get more information.

R228(4) stipulates that if an officer is of the opinion that an A44(1) report is well founded, and the case involves a person who may not have the capacity to understand the process, the report must be referred to the ID of the IRB for an admissibility hearing. The ID will designate a representative to act on behalf of the claimant.

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