What a section 44 report means
A section 44 report is a formal immigration enforcement step. It is prepared when an officer believes a permanent resident or foreign national may be inadmissible to Canada. The report may be reviewed and, if considered well founded, can be referred to the Immigration Division for an admissibility hearing. In some circumstances, it can lead to a removal order.
For Saskatoon clients, a section 44 report often follows a criminal event. It may be based on a conviction for impaired driving, assault, fraud, drug trafficking, possession for the purpose of trafficking, sexual assault, weapons offences or foreign criminality. The report may look simple, but the consequences can be severe. It can put permanent residence, temporary status and future applications at risk.
Why criminal convictions can trigger immigration enforcement
Do not treat a section 44 report as a routine letter. It should trigger an immediate review of the criminal and immigration record. The first question is whether the report is legally accurate. The second is what process follows. The third is what can still be done to protect the client.
Pham Law Group reviews the criminal foundation behind section 44 reports. We check the information, certificate of conviction, sentence, probation order, court endorsement, agreed facts, sentencing reasons, criminal record and any foreign offence equivalency issue. We assess whether the allegation is criminality or serious criminality, and whether the wording of the report matches the law.
What to review before the report is referred
The report stage can be frustrating because clients may feel the criminal court already punished them. Immigration consequences are separate. A fine, probation, conditional sentence or short jail sentence may still have status consequences. A client may not realize that a guilty plea entered months earlier is now the basis for removal steps.
Where the criminal charge is still unresolved, the defence may still have room to move. The immigration risk should be raised with the Crown where appropriate. Counsel may need to negotiate a different charge, avoid certain facts, seek a discharge, challenge the evidence, fight the case at trial, or argue sentencing with immigration consequences in mind. The best section 44 strategy may begin in criminal court.
Documents to gather right away
If the section 44 report has already been issued, gather documents immediately. Bring every CBSA or IRCC letter, your passport, status documents, permanent resident card, work or study permit, criminal court records, probation order, immigration applications and travel history. If you have family in Canada, children, medical issues, treatment records or employment evidence, preserve those documents too.
Section 44 reports require legal precision. The officer’s wording matters. The underlying conviction matters. The sentence matters. The person’s status matters. Appeal rights may depend on details that are easy to miss.
Get advice before speaking to CBSA
For Saskatoon clients, the goal is to intervene before the case moves too far. A section 44 report is not the final word, but it is a serious warning. Respond with a plan, not panic.
Direct help before and after a section 44 referral
Pham Law Group directly accepts section 44 report and related tribunal files for clients in Saskatoon and across Saskatchewan. If the report is not yet referred, we help organize the criminal record, status history, rehabilitation evidence, family circumstances, and legal response. If the matter is referred to the Immigration Division, we can act on the admissibility hearing.
The strategy should not be passive. A section 44 report can become the foundation for a removal order. We bring criminal defence trial experience to the immigration record by reviewing the underlying charge, conviction, sentence, police narrative, court documents, and any weakness in the Minister’s position. The goal is to respond before the record hardens against the client.
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.
A section 44 report can be the point where a criminal issue becomes a removal issue. Early lawyer involvement can matter because the record created at this stage may shape the referral decision, the admissibility hearing, and any future appeal or review. The goal is to respond before the case hardens into a removal pathway.
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 should I do if I receive a section 44 report?
Contact a lawyer immediately and collect the report, CBSA letters, immigration documents and all criminal court records.
Can a section 44 report be challenged?
The legal basis can sometimes be challenged or narrowed. The report must be compared to the actual criminal record and immigration law.
Does section 44 only apply to permanent residents?
No. It can apply to permanent residents and foreign nationals, though consequences and procedures may differ.
Can my criminal lawyer still help after a section 44 report?
Yes. The immigration allegation often depends on the criminal record, sentence and facts. The criminal lawyer can help analyze and organize that record.
Can Pham Law Group help after a section 44 report is issued?
Yes. We accept section 44 report files and related Immigration Division admissibility hearing matters where criminality or serious criminality is alleged. Early review matters because the report can lead to a removal order.