In-Canada refugee claims: Admissibility

Admissibility criteria ensure that certain applicants do not have access to the refugee determination system, including

• those with serious criminality
• terrorists
• human rights violators
• security risks

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

Although officers should assess all claimants for any of the IRPA inadmissibility provisions, generally, refugee claimants will likely be inadmissible by virtue of the fact that they want to remain in Canada permanently, but do not have a permanent resident visa [A41(a) and A20(1)(a)].

To determine admissibility:

• Consider the general inadmissibility criteria (PDF, 621 KB).
• Check GCMS and CPIC.
• At the interview, review the Client Application Summary PDF completed by the claimant (or forms if the claimant was exempt from the online process) and obtain any missing information.

If the client is inadmissible

If the officer is of the opinion that the claimant is inadmissible, a section A44(1) report should be prepared in accordance with ENF 5 (PDF, 1,500 KB) guidance and procedures. Accompanying family members must be assessed individually and must have a separate report written against them. All inadmissibilities should be considered, and multiple reports for the same individual may be prepared where multiple inadmissibilities exist.

At the time the report is being created, officers must ensure that the proper allegations are selected and the content of the narrative section of the A44(1) report is accurate before finalizing the document.

Review of the 44 report by the Minister’s Delegate

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

The Minister’s Delegate role is to determine if the A44 report is well-founded. Upon receipt of an A44(1) report, the Minister’s Delegate may, if of the opinion that the report is well founded, refer the report to the Immigration Division for an admissibility hearing (R229); or in specific circumstances, issue a removal order (R228).

Removal orders are in most cases issued to the claimant at the interview. In all cases where the Minister’s Delegate has the authority to issue a removal order, an interview must be conducted, and in most cases, a removal order will be issued during the interview.

R228(4) stipulates that the report must be referred to the Immigration Division (ID) of the IRB for an admissibility hearing if both

• an officer is of the opinion that an A44(1) report is well founded
• the case involves a person who is either:
  • under 18 years of age and not accompanied by a parent or an adult legally responsible for them, or
  • unable, in the opinion of the Minister, to appreciate the nature of the proceedings and is not accompanied by a parent or an adult legally responsible for them

During the ID proceedings, a designated representative will be appointed pursuant to A167(2) to represent the claimant’s interests.

Learn more

• ENF 5 Writing an A44(1) report (PDF, 1,500 KB)
• ENF 6 Review of reports under subsection A44(2) (PDF, 688 KB)
• Guidelines for minor children and vulnerable persons
• Designated representatives: Unaccompanied minors and person unable to appreciate the nature of the proceedings (PDF, 688 KB)

Next steps:

• Post-interview processing and final decisions