Admissibility Hearing Lawyer in Regina for Criminal Inadmissibility Allegations

What an admissibility hearing can decide

An admissibility hearing can decide whether you are allowed to remain in Canada. If Canada Border Services Agency believes there is a legal reason you do not have the right to stay, the matter may be sent to the Immigration Division of the Immigration and Refugee Board. The hearing is not a normal criminal court date. It is an immigration proceeding, but criminal charges and convictions often drive the case.

For Regina clients, the problem often starts in criminal court. A person pleads guilty to impaired driving, assault, drug trafficking, weapons possession, fraud or another offence. The criminal file ends. Then immigration enforcement begins. The person may receive a letter, a section 44 report, a notice to appear, or a request for an interview. By that point, the criminal record, sentencing transcript and admissions may already be central evidence.

How criminal court records become immigration evidence

The admissibility hearing is serious because the Immigration Division can decide that a person is inadmissible. If that happens, a removal order may follow. Depending on the person’s status and the reason for inadmissibility, there may or may not be an appeal to the Immigration Appeal Division. Some people lose appeal rights because of serious criminality. That is why the criminal and immigration strategy should be considered together.

Pham Law Group assists clients whose criminal cases create immigration risk. We review the criminal record, the exact offence, the maximum punishment, the sentence imposed, probation terms, victim surcharge, ancillary orders, transcript issues, Charter issues, whether the conviction is final, and whether the immigration allegation accurately matches the criminal result. A small error in how the offence is characterized can matter.

What we review before the hearing

At an admissibility hearing, the Minister usually relies on documents. Those may include the certificate of conviction, information, indictment, police narrative, court endorsements, sentencing reasons, probation order, criminal record, immigration history and officer reports. The defence should know what each document proves and what it does not prove. The issue is not merely whether something bad happened. The issue is whether the legal test for inadmissibility is made out.

Why early criminal defence strategy matters

A good response starts before the hearing. We want to know your exact immigration status, when you became a permanent resident if applicable, your family in Canada, employment, children, medical issues, community involvement, criminal history, rehabilitation, addiction treatment, counselling, restitution, apologies, and evidence of stability. Even where the legal finding is difficult to contest, the record may matter for the next step, including appeal, stay request, humanitarian considerations or other immigration remedies.

For clients still facing active criminal charges in Regina, the priority is prevention. We look for resolutions that avoid triggering inadmissibility where possible. That may include defending the charge at trial, negotiating a withdrawal, seeking a peace bond, pursuing a discharge where legally available, narrowing the facts, challenging the evidence, or making sentencing submissions that account for immigration consequences.

Speak to a lawyer before the hearing

An admissibility hearing can feel technical, but the consequences are deeply personal. It can affect whether you stay with your spouse, children, parents and community. It can affect work, study, travel and status. Do not walk into the process with only a vague understanding of your criminal file. The immigration decision maker may rely heavily on what happened in criminal court.

Direct representation at the Immigration Division

Pham Law Group directly accepts admissibility hearing files for clients in Regina 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 is an admissibility hearing?

It is a hearing before the Immigration Division to decide whether a permanent resident or foreign national is inadmissible to Canada. Criminality and serious criminality are common grounds.

Can I lose permanent residence at an admissibility hearing?

Yes. A permanent resident can be found inadmissible and made subject to a removal order, depending on the allegation and the evidence.

Can I appeal an admissibility hearing decision?

Some people can appeal to the Immigration Appeal Division, but appeal rights can be restricted, especially where serious criminality and certain sentences are involved.

What should I bring to a lawyer before an admissibility hearing?

Bring the notice to appear, section 44 report if you have it, criminal court records, sentencing documents, probation orders, immigration documents, permanent resident card and any CBSA or IRCC letters.

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.