Defending against a Danger Opinion Assessment under Section 115(2) of the immigration act involves proving you are not a threat to Canada. While there is no official IRCC application fee, the cost of hiring a deportation defence lawyer and obtaining expert psychological risk assessments generally ranges from $5,000 to $15,000 CAD.
Being recognized as a protected person or a refugee in Canada provides a profound sense of safety. However, that safety is not absolute. If a Permanent Resident or a protected person is convicted of a serious indictable offence-such as severe violence, drug trafficking, or weapons charges-the government may seek to remove them. Under Section 115(2) of the Immigration and Refugee Protection Act (IRPA), the Minister of Immigration, Refugees and Citizenship Canada (IRCC) can issue a “Danger Opinion.” This is a formal declaration stating that the individual is a danger to the public in Canada, which strips them of their refugee protection and opens the door for the Canada Border Services Agency (CBSA) to deport them.
Receiving a Notice of Intent to issue a Danger Opinion is one of the most critical legal emergencies a person can face. Whether you are living in Toronto, Calgary, or Vancouver, the federal laws apply equally across the country. Because the stakes are literally life and death for someone facing deportation back to a country where they might be tortured, a robust legal defence is strictly necessary. 📍 The government does not charge a fee to process your defence, but building a compelling case requires a significant financial investment in expert evidence and legal advocacy. Finding a local refugee and deportation defence lawyer from our directory is the most important step to keeping your family together.
Step-by-Step Process for Defending a Danger Opinion in Canada
Responding to a Danger Opinion is not a simple form-filling exercise; it is a complex legal submission. The burden is on you to prove that the risk you pose to the Canadian public is minimal compared to the horrific risk you would face if deported. Here is how the process generally unfolds.
Step 1: Receiving the Notice of Intent
The process begins when IRCC sends you a formal Notice of Intent to seek a Danger Opinion. This letter will outline the criminal convictions they are relying on. From the exact date you receive this letter, you typically have only 15 days to submit your written legal arguments and evidence. This extremely tight deadline means you must contact a law firm immediately.
Step 2: Requesting an Extension of Time
Because 15 days is rarely enough time to gather complex medical and psychological evidence, your lawyer’s very first action will usually be requesting a formal extension from IRCC. ⏱ The officer will generally grant a 30-day or 60-day extension if you can prove that you are actively seeking expert assessments or waiting for official court transcripts from your criminal trial. However, extensions are not guaranteed, so you must act urgently.
Step 3: Obtaining an Expert Risk Assessment
To convince the Minister’s Delegate that you are no longer a danger, your word is not enough. You must hire a forensic psychologist or psychiatrist to conduct a formal risk assessment. This expert will evaluate your criminal history, substance abuse issues, and rehabilitative efforts to provide a scientific opinion on your likelihood of re-offending. A favourable expert report is often the deciding factor in these cases.
Step 4: Gathering Evidence of Rehabilitation
Alongside the expert report, you must provide extensive evidence of your positive establishment in Canada. 🗂 This includes letters of support from employers, community leaders, and family members. Certificates from anger management courses, substance abuse rehabilitation programs, and regular volunteer work are essential. If you live in Ontario, for example, providing a clean record from local police since your release from prison shows sustained rehabilitation.
Step 5: Submitting the Written Legal Submissions
Your lawyer will draft a comprehensive legal memorandum that balances the “danger to the public” against the “risk of torture or death” in your home country. This submission argues why Canadian human rights obligations should prevent your deportation. Once submitted, the Minister’s Delegate will review the entire package and make a final, binding decision on your status.
How Much Does a Danger Opinion Defence Cost?
Because there is no IRCC application fee for a Danger Opinion response, your financial costs will be entirely dedicated to building your evidentiary case and paying professional fees.
| Expense Type | Estimated Cost (CAD) | Details |
|---|---|---|
| Lawyer Legal Fees | $5,000 – $15,000 | The cost for a senior deportation lawyer to draft the extensive legal arguments. |
| Forensic Risk Assessment | $2,500 – $5,000 | Fees for a specialized psychiatrist or psychologist to evaluate your risk of re-offending. |
| Document Translation | $200 – $800 | All foreign country conditions evidence must be translated into English or French. |
| Court Transcripts | $100 – $500 | Ordering the official transcripts from your criminal sentencing hearing. |
How Long Does the Process Take?
The initial deadline to respond is aggressively short, strictly set at 15 days from receiving the notice. If an extension is granted, you may have up to 60 days to submit your final package. Once IRCC receives your complete defence submissions, the Minister’s Delegate takes a considerable amount of time to review the complex legal arguments. As of May 2026, you can generally expect to wait 6 to 18 months before receiving a final decision on the Danger Opinion.
Frequently Asked Questions (FAQ)
What exactly is a Danger Opinion?
A Danger Opinion is a legal decision made by IRCC under Section 115(2) of the IRPA. It declares that a protected person or refugee poses a severe danger to the Canadian public due to serious criminal convictions, allowing the government to legally deport them despite the risks in their home country.
Will CBSA detain me during this process?
It is very possible. If the Canada Border Services Agency (CBSA) believes you are a flight risk or an immediate danger to the public, they can hold you in an immigration holding centre or a provincial jail while the Danger Opinion is being processed.
Does a Danger Opinion apply to minor crimes?
No. A Danger Opinion is generally reserved for serious criminality, specifically indictable offences that carry a maximum sentence of 10 years or more, such as aggravated assault, major drug trafficking, or weapons offences. Minor summary convictions usually do not trigger this process.
Can I appeal a Danger Opinion if I lose?
You cannot appeal the decision to the Immigration Appeal Division (IAD). Your only legal recourse is to file an Application for Leave and for Judicial Review at the Federal Court of Canada within 15 days of receiving the negative decision.
Can Legal Aid cover the costs of my defence?
Depending on your province, Legal Aid (such as Legal Aid Ontario or Legal Aid BC) may cover the lawyer’s fees for responding to a Danger Opinion if you meet their strict low-income thresholds and your case has legal merit.
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