Canada — immigration · immigration

How to Respond to a Section 44 Report in Canada

A Section 44 report under Canada's Immigration and Refugee Protection Act (IRPA) signals that immigration authorities believe you are inadmissible and should be removed. While the document marks the formal start of enforcement proceedings, it is not an immediate deportation order. You have enforceable procedural fairness rights to dispute the allegations, present mitigating factors, and protect your Canadian status before a Minister's Delegate.

What the Law Says: Section 44 of Canada's IRPA

In Canada, immigration enforcement against foreign nationals and permanent residents is governed by the Immigration and Refugee Protection Act (IRPA). Whether you arrived from India, Nigeria, the Philippines, China, Mexico, or elsewhere, your right to remain in Canada is protected by administrative law standards. Under IRPA subsection 44(1), a Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) officer who forms the opinion that you are inadmissible prepares a formal report setting out the factual allegations.

Common grounds cited in Section 44 reports include criminality or serious criminality under IRPA section 36, misrepresentation under section 40, breach of the permanent resident residency obligation under section 28 (the requirement to reside in Canada for at least 730 days in every five-year period), or general non-compliance under section 41 (such as overstaying a temporary resident permit or working without authorization).

Once prepared, the report is transmitted to a Minister's Delegate under IRPA subsection 44(2). The Delegate must determine whether the report is well-founded. Depending on the ground and your immigration status, the Delegate will either issue an immediate administrative removal order—such as an exclusion order or departure order pursuant to Immigration and Refugee Protection Regulations (IRPR) section 228—or refer the matter to the Immigration Division (ID) of the Immigration and Refugee Board (IRB) for a full admissibility hearing.

Officer Discretion and Procedural Fairness Under ENF 5 and ENF 6

A Section 44 report is not an automatic sentence of removal. CBSA operational guidelines—specifically Enforcement Manual ENF 5 (Writing 44(1) Reports) and ENF 6 (Review of Reports under A44(1))—confirm that officers and Minister's Delegates possess administrative discretion. They are legally required to assess whether issuing a report or referral is appropriate in light of the specific facts, rather than acting as automated rubber stamps.

Before finalizing the report or making a disposition under subsection 44(2), authorities routinely issue a Procedural Fairness Letter (PFL) or summon you to an interview. This gives you a brief window—frequently 15 calendar days—to respond. You are entitled to disclose countervailing facts, demonstrate compliance, or urge the decision-maker to exercise discretion.

Key considerations under CBSA policy include your length of establishment in Canada, whether the breach was inadvertent, your ties to Canadian family members, and the Best Interests of any Child (BIOC) directly affected by your departure. In cases of foreign national non-compliance or technical breaches, compelling submissions can persuade the Minister's Delegate to decline to write the report, issue a warning letter, or permit voluntary departure without an enforcement sanction.

Strategic Steps, Appeal Paths, and How to Use Caunsel

Your legal pathway depends on whether you hold permanent resident or foreign national status. If a removal order is issued under subsection 44(2), permanent residents generally retain a right of appeal to the Immigration Appeal Division (IAD) under IRPA section 63, provided they are not barred by serious criminality under IRPA section 64 (which eliminates appeal rights for crimes punished by an actual prison sentence of six months or more). The IAD can grant equitable relief based on humanitarian and compassionate grounds.

Foreign nationals typically lack access to the IAD and must either contest the report at the Immigration Division or file an Application for Leave and Judicial Review with the Federal Court of Canada, alongside an emergency application for a stay of removal if CBSA initiates removal enforcement. Missing your procedural fairness deadline waives your opportunity to present evidence, prompting an uncontested decision.

Please note that this self-help legal guide provides informational guidance on Canadian administrative immigration processes and is not legal advice. Caunsel is not a law firm, does not act as your legal representative, and will not file forms on your behalf. You can use Caunsel to research specific IRPA provisions and CBSA manuals, organize your response evidence into a structured case file, or list your matter to consult an independent Canadian immigration lawyer or licensed immigration consultant.

Steps

• Examine the Section 44 report and accompanying letter to identify the exact statutory section cited (such as IRPA section 28, 36, 40, or 41) and locate the mandatory response deadline.
• Collect objective evidence targeted to the allegation: obtain official entry/exit stamps and tax filings for residency disputes, court records for criminal matters, or correspondence showing lack of intent for misrepresentation claims.
• Draft a formal procedural fairness response that refutes incorrect facts and details discretionary factors under CBSA ENF 5 and ENF 6, including Canadian employment, family ties, and the Best Interests of any Child (BIOC).
• Submit your written defense to the designated CBSA or IRCC officer via the portal, secure email, or courier before the deadline, obtaining clear proof of transmission and delivery.
• Attend the Minister's Delegate interview or Immigration Division scheduling conference with copies of all submitted evidence, notes outlining your timeline, and authorized legal representation if retained.

Common mistakes

• Failing to respond within the 15-day or specified window, which leads CBSA to decide the matter in your absence and issue an enforceable removal order.
• Submitting an emotional narrative that fails to address the legal criteria of the specific IRPA inadmissibility section alleged in the report.
• Volunteering unrequested incriminating statements or admissions to a CBSA enforcement officer during an interview without prior legal counsel.
• Assuming that permanent resident status guarantees you cannot be removed, disregarding residency obligations or serious criminality exclusions under IRPA section 64.
• Failing to file an immediate Notice of Appeal to the Immigration Appeal Division (IAD) within the statutory 30-day window following an adverse removal order.

Questions people ask

Does receiving a Section 44 report mean I must leave Canada immediately?

No. A Section 44 report initiates an inquiry; it is not a removal order. The report must first be reviewed by a Minister's Delegate under IRPA subsection 44(2). You have the right to submit a response and, if referred to the Immigration Division, you will receive an independent hearing before any removal order takes legal effect.

How much time do I have to respond to a Section 44 procedural fairness letter?

Deadlines are set by the issuing CBSA or IRCC office and are commonly 15 calendar days from the date you receive the notice. If you require additional time to retrieve foreign criminal records, court documents, or medical records, you must submit a written extension request explaining the delay before the original deadline expires.

What happens if the Minister's Delegate issues a removal order?

If an order is issued, its effect depends on the type (departure, exclusion, or deportation order) and your status. Permanent residents and protected persons generally have 30 days to appeal to the Immigration Appeal Division (IAD). Foreign nationals without appeal rights must seek Judicial Review at the Federal Court of Canada.

Can humanitarian and compassionate (H&C) factors prevent a Section 44 referral?

Yes. Under CBSA Enforcement Manual ENF 5 and ENF 6 guidelines, officers and Delegates possess discretion to weigh humanitarian considerations—including strong Canadian establishment and the Best Interests of a Child—when determining whether to refer a report or issue an administrative removal order.

General information only, last updated 2026-10-19. Caunsel is not a law firm and does not practise law. AI answers and this guide are not legal advice. Verify filings, deadlines, and statutes with a licensed lawyer in Canada — immigration.