What an admissibility hearing can decide
An admissibility hearing is where the Immigration Division decides whether a person is inadmissible to Canada. For many Saskatoon clients, the hearing is connected to a criminal case: a conviction, a sentence, a foreign record, a drug allegation, impaired driving, assault, weapons allegation or another criminal law issue. The hearing can lead to a removal order. It must be taken seriously.
The Immigration Division is not the same as criminal court. The Crown prosecutor is not running the hearing. The police officer may not be the main witness. The Minister may rely on documents such as criminal court records, immigration history, certificates of conviction, police narratives, sentencing material and the section 44 report. Those records can decide the case.
How criminal court records become immigration evidence
That is why a criminal defence lawyer must think ahead. If the criminal file is still active, the defence may still be able to prevent or reduce immigration harm. If the admissibility hearing has already been scheduled, the focus shifts to whether the allegation is legally proven, whether the documents are accurate, whether the person has appeal rights, and what evidence should be prepared for the next stage.
Pham Law Group helps clients where Saskatoon criminal charges create immigration risk. We examine the criminal offence relied upon by immigration enforcement. We check the maximum penalty, sentence, court documents, facts admitted and status in Canada. We look at whether the matter is being characterized as criminality or serious criminality. The distinction can matter.
What we review before the hearing
Preparation should be evidence based. A client should gather the notice to appear, section 44 report, criminal court records, sentencing documents, immigration documents, permanent resident card, work permit, study permit, refugee documents, CBSA letters, IRCC letters and any appeal forms. If family hardship or rehabilitation may become relevant, supporting documents should be collected early.
The hearing may turn on technical legal issues. Was there a conviction? Was it a youth sentence? Was there a final acquittal or record suspension? Was the offence correctly matched to the Immigration and Refugee Protection Act? Was the sentence at or above a threshold affecting appeal rights? Was the foreign offence equivalent to a Canadian offence? These are not questions a client should answer alone.
Why early criminal defence strategy matters
For clients who have not yet resolved the criminal charge, the admissibility risk should shape the criminal defence plan. Sometimes a quick plea creates a long immigration fight. Sometimes a more careful approach in criminal court can protect the client from a much worse consequence later. The objective is not just to finish court quickly. The objective is to protect status.
Saskatoon families often do not see the immigration case coming. A client may have a spouse, children, job, mortgage, school program and deep ties in Canada. The admissibility hearing can put all of that at risk. A prepared defence gives the decision maker the correct record and preserves any available legal options.
Speak to a lawyer before the hearing
If you have received notice of an admissibility hearing, do not wait until the week before. The documents and strategy should be reviewed immediately.
Direct representation at the Immigration Division
Pham Law Group directly accepts admissibility hearing files for clients in Saskatoon and across Saskatchewan where criminality, serious criminality, pending charges, past convictions, foreign offences, or removal risk are central issues. We do not approach these files as paperwork only. An admissibility hearing is an adversarial tribunal process, and the record can decide whether a person is allowed to stay in Canada.
Our advantage is trial experience. We know how to read police disclosure, test what a criminal conviction actually proves, identify gaps between allegation and admissibility, prepare witnesses, organize documents, and make focused submissions. When CBSA or Minister’s counsel relies on a criminal record, the response needs a lawyer who understands both the criminal file and the immigration tribunal hearing.
Lawyer-led criminal and immigration representation
Pham Law Group is a lawyer-led criminal and immigration law firm. Where the file is accepted on retainer, we can handle the criminal defence and the connected immigration tribunal work from start to finish. That includes disclosure review, affidavit preparation, evidence packages, witness preparation, Immigration Division admissibility hearings, IAD removal order appeals, written submissions, and strategic criminal resolution planning.
At an admissibility hearing, the evidence can include criminal records, police summaries, court documents, allegations, admissions, convictions, and CBSA materials. Trial experience matters because the hearing can turn on what evidence is reliable, what facts are actually proven, whether the legal ground is made out, and what record should be created for any next step.
This is different from a form-only immigration service. Immigration consultants may be authorized for some immigration work, but they are not criminal defence lawyers and do not defend the criminal charge. When the immigration problem starts with police evidence, Crown election, plea negotiations, sentencing exposure, or a criminal record, the criminal strategy and the immigration strategy have to be built together.
The firm team includes Linh Pham, Harvey Singh, and Mihir Sharma. Linh Pham and Harvey Singh are lawyers. Mihir Sharma is an articling student who assists the firm under lawyer supervision. Public pages should describe the combined group as the Pham Law Group legal team.
FAQ section
What happens at an admissibility hearing?
The Immigration Division decides whether the person is inadmissible. If inadmissibility is found, a removal order may be made.
Is an admissibility hearing based only on the police report?
No. The Minister may rely on various records, including criminal court documents, conviction records, sentencing material and immigration documents.
Can I stop an admissibility hearing by appealing my criminal conviction?
It depends on timing and the status of the criminal appeal. Get immediate legal advice if a criminal appeal or record correction is being considered.
Do I need both criminal and immigration advice?
Often yes. The criminal record may drive the immigration allegation, so both sides of the problem must be understood.
Does Pham Law Group directly represent clients at admissibility hearings?
Yes. We accept Immigration Division admissibility hearing files involving criminality, serious criminality, section 44 reports, pending charges or past convictions. The exact scope is confirmed at consultation and in the retainer.