CBSA Section 44 Report for Permanent Residents: Why You Should Get Help Before a Removal Order Is Issued

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Table of Contents

  1. Introduction: A Section 44 Report Is Not “Just Paperwork”
  2. What Is a CBSA Section 44 Report?
  3. Why Would CBSA Prepare a Section 44 Report Against a Permanent Resident?
  4. Why CBSA May Ask You to Fill Out Forms or Provide Information
  5. The Biggest Mistake: Responding Casually Before Understanding the Risk
  6. What Happens After a Section 44 Report Is Prepared?
  7. Minister’s Delegate Review vs. Immigration Division Admissibility Hearing
  8. Can a Section 44 Report Lead to Deportation?
  9. Do Permanent Residents Have a Right to Appeal?
  10. Criminality and Serious Criminality: Why Sentence Length Can Matter
  11. Why Evidence Strategy Matters Before a Removal Order Is Issued
  12. Edmonton Strategy: How Immigration Nation Helps PRs Facing a Section 44 Report
  13. Common Mistakes That Make the Case Worse
  14. Frequently Asked Questions – 25 Precise Answers
  15. Conclusion & Call-to-Action

Introduction: A Section 44 Report Is Not “Just Paperwork”

Many permanent residents first realize they are in immigration trouble when CBSA contacts them and says something like:

  • “You may be the subject of a section 44 report.”
  • “Please provide information about your criminal conviction.”
  • “Please complete this questionnaire.”
  • “You are required to attend an interview.”
  • “CBSA is reviewing your admissibility to Canada.”
  • “A report may be prepared under subsection 44(1) of the Immigration and Refugee Protection Act.”

For many people, this sounds administrative. It may feel like CBSA is simply updating a file or collecting routine background information.

That assumption can be dangerous.

A section 44 report can be the beginning of a process that may lead to:

  • a finding of inadmissibility;
  • Minister’s Delegate review;
  • an Immigration Division admissibility hearing;
  • a removal order;
  • loss of permanent resident status;
  • possible appeal to the Immigration Appeal Division, if appeal rights exist;
  • possible CBSA removal enforcement.

Under IRPA s.44(1), an officer who believes that a permanent resident or foreign national in Canada is inadmissible may prepare a report setting out the relevant facts and transmit it to the Minister. If the Minister believes the report is well-founded, the matter may be referred to the Immigration Division for an admissibility hearing or proceed in another legally permitted way.

For permanent residents, this is the moment to slow down and get the file reviewed properly.

The goal is not simply to “fill out the form.”

The goal is to avoid damaging the record, protect status, understand whether appeal rights may exist, and respond with the next stage of the case in mind.

What Is a CBSA Section 44 Report?

A section 44 report comes from section 44 of the Immigration and Refugee Protection Act, commonly called IRPA.

In plain English, a section 44 report is a formal immigration report stating that CBSA or an immigration officer believes a person may be inadmissible to Canada.

For a permanent resident, this is serious because inadmissibility can eventually lead to a removal order.

A section 44 report is not automatically a deportation order.

But it can be the first formal step toward one.

That is why a permanent resident should not treat the process like a normal document request or casual CBSA conversation.

Why Would CBSA Prepare a Section 44 Report Against a Permanent Resident?

CBSA may prepare a section 44 report if it believes a permanent resident may be inadmissible.

Common allegations include:

  1. Criminality or serious criminality

This may involve Canadian criminal convictions, foreign convictions, pending criminal matters, or offences that CBSA believes create inadmissibility.

For permanent residents, criminality issues are especially serious because they can lead to removal proceedings and may affect whether an IAD appeal is available later.

  1. Misrepresentation

This may involve allegations that the person gave false information, withheld important information, used false documents, failed to disclose prior immigration history, failed to disclose family members, or submitted information that caused or could have caused an error in an immigration process.

  1. Residency obligation breach

Permanent residents must meet Canada’s residency obligation. If CBSA believes the PR has spent too much time outside Canada, a section 44 process may begin.

  1. Non-compliance with immigration law

This may involve failure to comply with conditions, failure to appear, unauthorized work or study history, or other immigration compliance issues.

  1. Other serious inadmissibility grounds

Some cases involve security, organized criminality, human or international rights concerns, medical issues, financial inadmissibility, or inadmissible family member issues. The IRB lists several possible inadmissibility grounds, including security, serious criminality, organized criminality, misrepresentation, non-compliance, and inadmissible family member.

The strategy changes depending on the allegation.

A criminality file is not handled the same way as a misrepresentation file.

A residency obligation file is not handled the same way as a serious criminality file.

This is why the exact wording of the CBSA letter matters.

Why CBSA May Ask You to Fill Out Forms or Provide Information

Before or during the section 44 process, CBSA may ask a permanent resident to provide information.

This can include questions about:

  • personal history;
  • address history;
  • employment;
  • family members;
  • criminal charges or convictions;
  • court outcomes;
  • rehabilitation;
  • travel history;
  • permanent resident history;
  • family hardship;
  • establishment in Canada;
  • future plans.

Many permanent residents misunderstand the purpose of the request.

They think CBSA is simply collecting background information.

In reality, CBSA may be assessing:

  • whether a section 44 report should be prepared;
  • whether the allegation is supported;
  • whether the matter should be referred further;
  • whether the case should proceed to an admissibility hearing;
  • whether a removal order may be issued;
  • whether the person’s explanation creates new concerns;
  • whether the person’s documents are consistent with the record.

The answers provided can become part of the immigration record.

That record may later be reviewed at:

  • Minister’s Delegate review;
  • Immigration Division admissibility hearing;
  • IAD removal order appeal;
  • Federal Court judicial review;
  • CBSA removals stage.

That is why a rushed response can create long-term damage.

The Biggest Mistake: Responding Casually Before Understanding the Risk

The biggest mistake permanent residents make is answering CBSA casually, emotionally, defensively, or incompletely.

Common risky responses include:

  • “It was not serious.”
  • “I already dealt with this in criminal court.”
  • “I only pleaded guilty to finish the case.”
  • “I did not really do it.”
  • “It was just a misunderstanding.”
  • “I don’t remember.”
  • “My lawyer told me it was fine.”
  • “I have nothing to explain.”
  • “I have been here a long time, so they cannot deport me.”

Those answers may feel natural, but they can be dangerous.

CBSA may be assessing:

  • seriousness of the conduct;
  • credibility;
  • whether the person accepts responsibility;
  • whether the person minimizes the issue;
  • whether the record is consistent;
  • whether the person may pose future risk;
  • whether the matter should continue to enforcement;
  • whether there is any discretion available;
  • whether a future removal order is appropriate.

The issue is not simply whether the person is sorry.

The issue is how the explanation fits the legal allegation, the evidence, the criminal or immigration record, and possible future proceedings.

This is not the stage for a quick emotional letter.

This is the stage for careful file review.

What Happens After a Section 44 Report Is Prepared?

After a section 44 report is prepared, it is reviewed under IRPA s.44(2).

If the Minister is of the opinion that the report is well-founded, the Minister may refer the matter to the Immigration Division for an admissibility hearing, except in certain cases where the Minister may make a removal order directly.

In plain English:

After the report is written, the next question is what CBSA or the Minister’s Delegate does with it.

The matter may proceed to:

  1. Minister’s Delegate review;
  2. Immigration Division admissibility hearing;
  3. removal order process, depending on the legal ground and status;
  4. later IAD appeal, if the person has appeal rights.

The path depends on the allegation, the person’s status, and the legal rules.

This is why early preparation matters.

A permanent resident should not wait until a removal order is already issued before getting help.

Minister’s Delegate Review vs. Immigration Division Admissibility Hearing

  1. Minister’s Delegate Review

A Minister’s Delegate is an authorized decision-maker who reviews the section 44 report and decides what should happen next.

Depending on the facts and legal ground, the Minister’s Delegate may:

  • decide not to proceed further;
  • take limited action;
  • refer the matter to the Immigration Division;
  • issue a removal order where permitted by law.

For permanent residents, this stage can be extremely important because it may determine whether the case moves further into the removal process.

A poorly prepared response before this stage can make the file harder to manage later.

  1. Immigration Division Admissibility Hearing

If the matter is referred to the Immigration Division, the person may have an admissibility hearing before the Immigration and Refugee Board.

The IRB explains that admissibility hearings are held when CBSA believes there is a reason a person may not have the right to be in Canada, and these hearings are held by the Immigration Division.

At the hearing, the Immigration Division considers whether the person is inadmissible and whether an order should be issued. The IRB’s admissibility hearing process explains that Minister’s counsel presents why the person should not be allowed to enter or remain in Canada, the person or their counsel responds, and the Member makes a decision after considering the evidence.

Important point:

The Immigration Division is usually not deciding whether deportation is compassionate or fair in the broad sense.

In many cases, especially criminality or misrepresentation cases, the key issue is whether the legal allegation is established.

Broader humanitarian arguments may become more important later at the IAD, if the permanent resident has appeal rights.

Can a Section 44 Report Lead to Deportation?

Yes.

A section 44 report can eventually lead to a removal order, and a removal order can eventually lead to removal from Canada.

But not every case follows the same path.

The outcome depends on:

  • the inadmissibility ground;
  • whether the person is a permanent resident, protected person, or foreign national;
  • whether the matter goes to the Immigration Division;
  • whether a removal order is issued;
  • whether appeal rights exist;
  • whether appeal rights are restricted;
  • whether another remedy is available;
  • whether CBSA enforces the removal order.

This is why a section 44 letter should be treated as the beginning of a serious immigration defence issue — not as simple paperwork.

Do Permanent Residents Have a Right to Appeal?

  1. Do Permanent Residents Have a Right to Appeal?

Often, but not always.

The IRB explains that a permanent resident or protected person may appeal to the IAD against a removal order made by an officer under IRPA s.44(2) or by the Immigration Division at an admissibility hearing.

The IRB’s removal order appeal page also states that a person who has received a removal order may be able to appeal to the IAD to stay in Canada.

This is very important for permanent residents.

If a PR has appeal rights, the IAD may consider broader factors, including:

  • seriousness of the issue;
  • rehabilitation;
  • length of time in Canada;
  • establishment;
  • family hardship;
  • community support;
  • hardship if removed;
  • best interests of children directly affected.

But not all permanent residents get access to the IAD.

Some appeal rights are restricted by law.

That is why a permanent resident should not assume:

  • “I definitely have an appeal”; or
  • “I definitely do not have an appeal.”

The file must be reviewed.

Criminality and Serious Criminality: Why Sentence Length Can Matter

Criminality cases are especially dangerous for permanent residents because appeal rights may depend on the inadmissibility ground and sentence.

IRPA s.64 restricts appeal rights for certain serious inadmissibility findings, including serious criminality. For serious criminality, the appeal bar applies where the crime was punished in Canada by a term of imprisonment of at least six months, or where the offence is described in IRPA s.36(1)(b) or (c).

In practical terms:

Example 1: PR with possible IAD appeal rights

A permanent resident receives a removal order based on criminality, but the sentence does not trigger the statutory appeal bar. That person may still have access to the IAD, depending on the facts.

Example 2: PR with serious criminality and no IAD appeal

A permanent resident receives a sentence that triggers the IRPA s.64 appeal bar. That person may lose access to the IAD and may need a different strategy.

Example 3: PR contacted by CBSA before a removal order

This is where early strategy matters. The person may still have an opportunity to respond carefully before the matter escalates.

The bottom line:

Do not assume the criminal court result is the end of the problem.

A criminal conviction may be finished in criminal court but just beginning in immigration enforcement.

Why Evidence Strategy Matters Before a Removal Order Is Issued

When CBSA asks for information, the response should not be prepared casually.

This is not the same as answering a normal document request.

The correct evidence depends on the exact allegation.

A criminality concern may require careful review of the criminal court record, sentence, rehabilitation evidence, employment history, family impact, and future IAD appeal risk.

A misrepresentation concern may require review of prior immigration forms, disclosure history, what was submitted, what was withheld, whether the issue was material, and whether the person had a fair opportunity to respond.

A residency obligation concern may require review of travel history, day-counting, humanitarian circumstances, and whether the PR is already at risk of losing status.

The wrong evidence can make the file worse.

A permanent resident should be very careful before sending CBSA:

  • a rushed personal statement;
  • unsupported hardship claims;
  • generic support letters;
  • incomplete court documents;
  • explanations that contradict the criminal record;
  • statements that minimize the issue;
  • inconsistent dates;
  • documents that create new credibility concerns.

The key point is this:

The right response depends on the allegation, the record, the deadline, and the next possible stage of the case.

At Immigration Nation – Immigration Consultant Edmonton, we review the CBSA letter, the alleged inadmissibility ground, the client’s PR status, criminal or immigration history, possible appeal rights, and the safest way to respond before the matter becomes harder to repair.

Edmonton Strategy: How Immigration Nation Helps PRs Facing a Section 44 Report

Immigration Nation – Immigration Consultant Edmonton assists permanent residents facing CBSA section 44 report concerns by treating the file as a serious immigration defence matter from the beginning.

Many permanent residents wait until the matter becomes an admissibility hearing or removal order appeal.

By then, damaging statements may already be on the record.

Our approach is different.

  1. We identify what CBSA is actually alleging

The first step is to determine the exact inadmissibility concern.

A section 44 matter may involve:

  • criminality;
  • serious criminality;
  • misrepresentation;
  • residency obligation;
  • non-compliance;
  • another inadmissibility ground.

The strategy changes depending on the allegation.

  1. We assess whether the PR may still have IAD appeal rights

For permanent residents, appeal rights can be critical.

Before responding, we review whether the case may eventually involve an IAD appeal, whether IRPA s.64 may restrict appeal rights, and whether the record should be built with a future appeal in mind.

This is especially important in criminality cases, where sentence length and inadmissibility category may affect whether the person can appeal a future removal order.

  1. We review the record before any explanation is submitted

A careless explanation can create contradictions.

Before preparing a response, we review the relevant record, which may include:

  • CBSA correspondence;
  • immigration history;
  • criminal court history;
  • prior IRCC applications;
  • previous refusals;
  • status documents;
  • documents already submitted to IRCC or CBSA.

The goal is to avoid creating a statement that sounds helpful in the moment but damages the case later.

  1. We prepare a structured CBSA response

A CBSA response should not be a random emotional letter.

It should be organized, consistent, legally relevant, and supported by the correct evidence.

The response should also avoid overstating facts, minimizing serious issues, or creating new credibility problems.

  1. We prepare for the next stage before it arrives

A section 44 matter may lead to:

  • further CBSA review;
  • Minister’s Delegate review;
  • Immigration Division admissibility hearing;
  • removal order;
  • IAD appeal;
  • Federal Court judicial review;
  • CBSA removal process.

Good strategy anticipates the next stage before the client is already in crisis.

If CBSA has contacted you about a section 44 report, the safest approach is to have the file reviewed before responding.

Common Mistakes That Make the Case Worse

  1. Ignoring the CBSA letter.
  2. Missing the deadline to respond.
  3. Filling out the questionnaire without understanding the legal consequences.
  4. Sending a rushed personal statement.
  5. Minimizing criminal conduct.
  6. Denying facts that are already in the court or immigration record.
  7. Blaming the victim, police, prosecutor, officer, previous lawyer, or previous consultant without proof.
  8. Saying, “I only pleaded guilty to get it over with.”
  9. Submitting generic support letters.
  10. Providing inconsistent dates.
  11. Forgetting to disclose previous charges, convictions, refusals, or immigration history.
  12. Assuming permanent resident status protects against deportation.
  13. Assuming children in Canada automatically stop removal.
  14. Waiting until the admissibility hearing to get help.
  15. Waiting until a removal order is issued before building strategy.
  16. Not reviewing the criminal court or immigration record before responding.
  17. Confusing criminal court consequences with immigration consequences.
  18. Treating CBSA like a casual conversation.
  19. Sending emotional explanations with no legal structure.
  20. Not preserving possible future IAD appeal strategy.

Frequently Asked Questions – 25 Precise Answers

  1. What is a section 44 report?

A section 44 report is a formal report prepared by an officer who believes a permanent resident or foreign national in Canada may be inadmissible. Under IRPA s.44(1), the report sets out the relevant facts and is transmitted to the Minister.

  1. Does a section 44 report mean I am being deported?

Not automatically. It means CBSA or an officer believes there may be an inadmissibility issue. But the process can lead to a removal order.

  1. Why did CBSA ask me to fill out a form?

CBSA may be collecting information to assess inadmissibility, decide whether to prepare or proceed with a report, or determine whether the matter should move to the next stage.

  1. Should I fill out the CBSA form myself?

You can, but you should be very careful. Your answers may become part of the record and may affect a Minister’s Delegate review, admissibility hearing, IAD appeal, or Federal Court review.

  1. Can a permanent resident lose PR status because of a section 44 report?

A section 44 report itself does not automatically remove PR status. But it can lead to a removal order, and a removal order can eventually result in loss of PR status if not successfully challenged.

  1. What are common reasons for a section 44 report against a PR?

Common reasons include criminality, serious criminality, misrepresentation, residency obligation breach, non-compliance, and other inadmissibility grounds.

  1. What happens after the report is written?

If the Minister believes the report is well-founded, the matter may be referred to the Immigration Division for an admissibility hearing or proceed in another legally permitted way.

  1. What is a Minister’s Delegate?

A Minister’s Delegate is an authorized decision-maker who reviews the section 44 report and decides what should happen next.

  1. What is an admissibility hearing?

An admissibility hearing is a hearing before the Immigration Division of the IRB. The IRB explains that these hearings occur when CBSA believes there is a reason a person may not have the right to be in Canada.

  1. Can the Immigration Division consider humanitarian reasons?

In many cases, the Immigration Division focuses on whether the legal inadmissibility allegation is established. Humanitarian factors may become more central at the IAD appeal stage, if appeal rights exist.

  1. Can a PR appeal a removal order?

Often yes. The IRB explains that a permanent resident or protected person may appeal to the IAD against a removal order made by an officer under IRPA s.44(2) or by the Immigration Division at an admissibility hearing.

  1. What is the deadline to appeal a removal order?

The IRB’s removal order appeal form page states that a Notice of Appeal form and a copy of the removal order must be provided to appeal a removal order. The deadline must be reviewed immediately because removal order appeals are time-sensitive.

  1. Does every PR have an IAD appeal?

No. Appeal rights can be restricted, especially in serious criminality and other serious inadmissibility cases.

  1. What is serious criminality?

Serious criminality is a legal inadmissibility category under IRPA. It may involve certain convictions, sentence lengths, or foreign offences.

  1. Why does a six-month sentence matter?

For serious criminality, IRPA s.64 can restrict appeal rights where the crime was punished in Canada by a term of imprisonment of at least six months, or where the offence is described in IRPA s.36(1)(b) or (c).

  1. What if I received house arrest or a conditional sentence?

The immigration consequences should be reviewed carefully. Do not assume the criminal sentence has no immigration impact.

  1. What if my conviction was years ago?

Old convictions can still create immigration consequences. Timing, rehabilitation, and conduct since the offence may matter, but the file must be reviewed.

  1. Should I admit responsibility in my CBSA response?

Your response should be accurate and consistent with the record. In many cases, minimizing or contradicting the criminal record can create credibility problems. The correct approach depends on the allegation and evidence.

  1. Should I send documents to CBSA without professional review?

This is risky. The wrong documents, an incomplete explanation, or a statement that contradicts the record can make the case worse. The CBSA letter, allegation, deadline, and possible appeal consequences should be reviewed first.

  1. Can support letters help?

Sometimes, but generic “good person” letters are often weak. The value of support evidence depends on the allegation and the strategy.

  1. Can CBSA still proceed if I have family in Canada?

Yes. Family hardship may be important, but it does not automatically stop the section 44 process.

  1. Can I stop the report from being written?

Sometimes early advocacy may help, depending on the facts and discretion available. There is no guarantee. The important point is to respond strategically before the matter moves to a more serious stage.

  1. What if CBSA already referred me to an admissibility hearing?

You should prepare immediately. The hearing may lead to a removal order, and the outcome may affect whether you can appeal.

  1. What if I already received a removal order?

You should get advice immediately. Some permanent residents may have IAD appeal rights, but deadlines and appeal bars must be reviewed right away.

  1. What should I do immediately after receiving a CBSA section 44 letter?

Do not ignore it and do not send a rushed explanation. Review the CBSA letter, deadline, alleged inadmissibility ground, PR status, immigration history, criminal history, and possible IAD appeal consequences before submitting anything.

Conclusion & Call-to-Action

A CBSA section 44 report is not “just a form.”

For a permanent resident, it can be the beginning of a process that may lead to an admissibility hearing, a removal order, and possible loss of permanent resident status.

The most dangerous mistake is responding casually.

A rushed explanation, incomplete disclosure, unsupported hardship claim, generic support letter, or statement that contradicts the record can follow the person through the entire enforcement process.

The earlier the file is reviewed, the better positioned the permanent resident may be.

Immigration Nation – Immigration Consultant Edmonton assists permanent residents facing CBSA section 44 report concerns, criminality allegations, serious criminality issues, misrepresentation concerns, residency obligation issues, admissibility hearings, and removal order appeal strategy.

If CBSA contacted you about a section 44 report, do not wait until a removal order is issued.

Before you submit anything, get the file reviewed properly.

Book a paid strategy session
Phone: (780) 800-0113
Email: [email protected]

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