This is how an enforcement case starts. An officer who believes you are inadmissible writes a report to the Minister, and if the Minister thinks it holds up, the case normally goes to the Immigration Division for a hearing. Two shortcuts exist: a permanent resident who only fell short of the 730-day rule, and certain foreign nationals, can be given a removal order by the Minister with no hearing at all. Conditions, including a cash deposit, can be attached while all this plays out.
(1)An officer who is of the opinion that a permanent resident or a foreign national who is in Canada is inadmissible may prepare a report setting out the relevant facts, which report shall be transmitted to the Minister.
(2)If the Minister is of the opinion that the report is well-founded, the Minister may refer the report to the Immigration Division for an admissibility hearing, except in the case of a permanent resident who is inadmissible solely on the grounds that they have failed to comply with the residency obligation under section 28 and except, in the case of a foreign national, in the prescribed circumstances. In those cases, the Minister may make a removal order.
(3)An officer or the Immigration Division may impose any conditions, including the payment of a deposit or the posting of a guarantee for compliance with the conditions, that the officer or the Division considers necessary on a permanent resident or a foreign national who is the subject of a report, an admissibility hearing or, being in Canada, a removal order.
(4)If a report on inadmissibility on grounds of security is referred to the Immigration Division and the permanent resident or the foreign national who is the subject of the report is not detained, an officer shall also impose the prescribed conditions on the person.
(5)The prescribed conditions imposed under subsection (4) cease to apply only when (a)the person is detained; (b)the report on inadmissibility on grounds of security is withdrawn; (c)a final determination is made not to make a removal order against the person for inadmissibility on grounds of security; (d)the Minister makes a declaration under subsection 42.1(1) or (2) in relation to the person; or (e)a removal order is enforced against the person in accordance with the regulations.
44.1 The Immigration Division must not hold an admissibility hearing if the permanent resident or foreign national who is the subject of the hearing is not physically present in Canada.