Section 44 Report Lawyer in Saskatchewan

What a section 44 report means

A section 44 report is one of the most important warning signs in Canadian immigration enforcement. It usually means an officer believes that a permanent resident or foreign national may be inadmissible to Canada. The report can be reviewed by a Minister’s Delegate. If the report is considered well founded, it can be referred to the Immigration Division for an admissibility hearing, or in some cases lead to a removal order.

The mistake many people make is waiting. They think a section 44 report is only paperwork. It is not. It is often the bridge between a criminal conviction and immigration enforcement. If the report is based on a criminal charge, guilty plea, sentence, foreign conviction, impaired driving, assault, drug offence or other allegation, the criminal record must be reviewed immediately.

Why criminal convictions can trigger immigration enforcement

Pham Law Group helps Saskatchewan clients understand the criminal law foundation behind section 44 reports. We look at what the report alleges, what offence is being relied on, whether the conviction is correctly identified, whether the maximum punishment is being assessed properly, whether the sentence meets a serious criminality threshold, and whether there are errors in the underlying criminal record.

A section 44 report can be especially dangerous for permanent residents. Many permanent residents assume they can only be deported for extreme cases. That is not true. Canadian immigration law can treat certain offences seriously because of the maximum punishment attached to the offence, even where the actual sentence imposed in criminal court was much lower. A person who never served a day in jail can still face immigration consequences.

What to review before the report is referred

Timing matters. If the criminal case is still active, counsel may still be able to influence the outcome. The defence may be able to challenge the charge, resolve to a different offence, avoid a conviction, seek a discharge, structure the sentencing record, or argue for a sentence that reduces immigration harm. Once the criminal matter has ended, the defence options may be narrower.

A section 44 response should not be emotional only. Family hardship, employment, rehabilitation and community support matter, but the first question is whether the legal basis for inadmissibility is correct. The next question is what process follows. Is there an interview? Has the matter been referred to the Immigration Division? Is there a removal order? Is there a right of appeal? Is the person detained? Are there deadlines?

Documents to gather right away

For Saskatchewan clients, we frequently want to collect criminal disclosure, court endorsements, informations, probation orders, sentencing submissions, transcripts, record suspension information, proof of completion of sentence, treatment records, employment letters and family evidence. If a client has foreign convictions, the equivalent Canadian offence must be analyzed carefully.

The goal is to intervene before the case hardens against you. A section 44 report is not the time to guess, minimize or attend an interview unprepared. What you say can matter. What the criminal court record says can matter even more. If immigration enforcement is relying on your criminal history, the defence needs to know that history better than anyone else in the room.

Get advice before speaking to CBSA

A section 44 report should be treated as urgent. It may be the last point where the criminal record, immigration history and personal circumstances can be organized before an admissibility hearing or removal process.

Direct help before and after a section 44 referral

Pham Law Group directly accepts section 44 report and related tribunal files for clients in Regina 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 is a section 44 report?

It is an inadmissibility report prepared under the Immigration and Refugee Protection Act when an officer believes a permanent resident or foreign national may be inadmissible.

Does a section 44 report mean I will be deported?

Not automatically. It is a serious step that can lead to an admissibility hearing or removal process, but the legal basis and next steps must be reviewed.

Can a criminal charge trigger a section 44 report?

Yes. Criminal convictions, sentences and sometimes foreign criminality can form the basis for inadmissibility allegations.

Should I attend a CBSA interview alone?

You should speak to a lawyer first. The interview may affect the report, referral, admissibility hearing and future removal risk.

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.