Being Deported Without a Valid Passport: Obtaining Travel Documents via CBSA

Facing deportation from Canada is a highly stressful experience, especially when you are unsure how the logistical process works. Many individuals mistakenly believe that if they destroy, hide, or simply do not possess a valid passport from their home country, the Canadian government cannot remove them . However, under the Immigration and Refugee Protection Act (IRPA), the Canada Border Services Agency (CBSA) is strictly mandated to enforce removal orders as quickly as possible. To do this, they have established deep diplomatic channels to secure the necessary travel paperwork.

Whether you are living in Toronto, Montreal, or Vancouver, the process of obtaining these documents remains federal and highly centralized 📍. When a foreign national refuses to cooperate or lacks the means to obtain a passport, the CBSA takes over. Understanding this procedure is critical for anyone navigating the refugee or deportation defence system in Canada, as it highlights why consulting a local immigration lawyer is far more effective than attempting to evade the authorities.

Step-by-Step Process in Canada for Securing Travel Documents

The CBSA generally follows a strict, multi-step protocol when an individual is under an enforceable removal order but lacks the documentation required to board an international flight. This process applies across all Canadian provinces.

Step 1: Issuance of an Enforceable Removal Order

Before any travel documents are sought, you must be subject to an enforceable removal order (such as a Departure Order, Exclusion Order, or Deportation Order). If you have a pending Pre-Removal Risk Assessment (PRRA) or a Stay of Removal application pending at the Federal Court of Canada, the order may not yet be enforceable. Once it is enforceable, the CBSA will call you in for a pre-removal interview.

Step 2: The Pre-Removal Interview and Document Request

During your interview at a local CBSA inland enforcement office, an officer will ask you to surrender your valid passport . If you state that your passport is expired, lost, or held by smugglers, the officer will instruct you to apply for a new one at your consulate. You will typically be given a strict deadline to show proof that you have submitted a passport application. Failure to comply can be seen as an offence under immigration law.

Step 3: CBSA Liaising with Foreign Consulates

If you cannot or will not obtain the passport, the CBSA will step in 🔒. Canada maintains strong diplomatic ties with most nations. A specialized CBSA liaison officer will package your identity documents (such as old national ID cards, birth certificates, or even biometric data collected by IRCC) and formally request an Emergency Travel Certificate from your country’s embassy in Ottawa or consulate in your local city.

Step 4: Consular Interviews

In some cases, your home country may refuse to issue the document without speaking to you first. The CBSA may arrange a mandatory phone, video, or in-person interview between you and a consular official. Your home country uses this interview to verify your citizenship. Even if you are uncooperative during this interview, many consulates will still issue the travel document based on your fingerprints and historical records.

Step 5: Issuance and Flight Booking

Once the embassy issues the one-way emergency travel document, it is sent directly to the CBSA, not to you. The CBSA will then proceed to book your commercial or charter flight out of Canada . You will be provided with a finalized travel itinerary, known as a Direction to Report, detailing exactly when and where you must surrender for your removal flight.

How Much Does it Cost in Canada?

Dealing with deportation and securing travel documents involves various costs, both to the government and to the individual facing removal.

• Emergency Travel Document Fees: Generally, the CBSA will cover the nominal fee charged by the foreign consulate to issue the emergency document to ensure the removal proceeds quickly.
• Flight Costs: If you do not buy your own ticket, the Government of Canada pays for your removal flight. However, this becomes a debt to the Crown. You must repay this amount (often ranging from $1,500 CAD to $5,000 CAD) before you can ever legally return to Canada.
• Lawyer Fees: Hiring a law firm to file a Stay of Removal in Federal Court generally costs between $3,000 CAD and $8,000 CAD, depending on the complexity of your defence.

How Long Does the Process Take?

The timeline for obtaining a travel document heavily depends on the diplomatic relationship between Canada and the destination country. For cooperative nations (like the United Kingdom, the United States, or many European countries), the CBSA can secure a travel document in as little as 2 to 4 weeks. For countries experiencing civil unrest or those with strained relations with Canada, the process can drag on for 6 to 18 months. In rare cases where a country outright refuses to issue documents, the removal may be delayed indefinitely.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca