A44 Report
An A44 Report is a document prepared by an immigration officer when the immigration officer believes that a person in Canada may be inadmissible based on various grounds. This could include:
Once an officer prepares a Section 44(1) Report, it is sent to the Minister for review. If the Minister finds it well-founded, the Minister may either refer the case to the Immigration Division for an admissibility hearing or issue a removal order directly in cases where an appeal is not allowed (as per Section 44(2) of the IRPA).
Receiving an A44 Report under Section 44 of the Immigration and Refugee Protection Act (IRPA) is a serious matter that can impact your ability to stay in Canada. Whether you are a permanent resident or a foreign national, this report is the first step in the government’s process to determine whether you are inadmissible to Canada. If not properly handled, it can lead to an admissibility hearing, a removal order, or even a permanent ban from re-entering the country. At Kahlon Law Office, we provide expert legal guidance to help you navigate this process, protect your rights, and explore all possible legal options.
Understanding the distinction between these two subsections is crucial:
The decision at this stage is critical because it determines whether the individual will have the right to a hearing or face an immediate removal order.
An A44 Report can have serious implications, including:
However, immigration officers have discretion in issuing A44 reports, and in certain cases, factors such as Humanitarian & Compassionate (H&C) considerations can play a role in the outcome.
The Federal Court of Appeal ruled that judicial review of an A44(2) referral decision should only be granted in exceptional circumstances. The court emphasized that the decision to refer a case to the Immigration Division is a screening process, not a final finding of inadmissibility. Applicants must first exhaust all administrative remedies before seeking judicial review.
The Federal Court ruled that CBSA officers have discretion to consider Humanitarian & Compassionate (H&C) factors when issuing A44 reports. While officers are not obligated to consider these factors, if they do, their assessment must be reasonable, transparent, and justifiable. This case highlights the importance of presenting strong H&C arguments in certain cases.
The Federal Court confirmed that CBSA officers have jurisdiction to consider Humanitarian & Compassionate factors when issuing A44 reports for organized crime referrals. The court ruled that judicial review of these decisions is possible, especially when the applicant lacks an appeal right before the Immigration Appeal Division.
These cases highlight the limited judicial review availability, the discretion officers hold, and the importance of raising H&C factors where applicable.
At Kahlon Law Office, we understand the complexities of A44 reports and inadmissibility cases. Our legal team provides:
We believe that every case is unique, and we work closely with our clients to ensure the best possible legal strategy is pursued. If you or a loved one has received an A44 Report, do not delay. Seeking legal advice at the earliest stage can significantly improve your chances of a favourable outcome.
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