An officer at a port of entry (POE) may form the opinion that it would be contrary to the Immigration and Refugee Protection Act (IRPA) or its Regulations to allow a person to come into Canada. In this situation, the officer must decide whether to do one of the following:
- prepare a report (A44(1))
- allow the person seeking entry to Canada to withdraw their application or
- admit the person and impose conditions (A44(3)).
Section A44(2) establishes the course of action to be taken, should the Minister deterimines that the report is well-founded.
Burden of proof
The burden of proof regarding admissibility rests with the foreign national. If the foreign national is unable to satisfy an officer of their admissibility, they may be denied entry to Canada.
Case Review by a Minister's Delegate
The A44(1) report written by an officer is forwarded to a Minister's Delegate who reviews it to ensure its validity and to render a disposition on the case.
Persons denied entry to Canada will be notified of the reasons for the refusal and will be given an opportunity, at a case review with a Minister's Delegate, to provide evidence refuting the allegations.
Depending on the disposition of each case, persons refused admission to Canada may be detained if there are reasonable grounds to believe that the person:
- is a danger to the public; or
- would not appear for examination.
Any person detained will be informed of the reason for the detention and notified of their right to counsel.
Right to Counsel
Although every person formally detained under IRPA has the right to counsel, the act of examination is not considered a form of detention, regardless of the duration of the process.
Since the case review by the Minister's Delegate is considered part of the examination process, the subject does not have a legal right to counsel at this time.
However, if a person's counsel is available and ready to proceed, they may be allowed to attend the case review by the Minister's Delegate.
- Date Modified: