If you are a Permanent Resident convicted of Assault Causing Bodily Harm in Canada and receive a jail sentence of six months or more, you lose your right to appeal a deportation order to the Immigration Appeal Division (IAD). You must act immediately to explore alternative options, such as a Judicial Review at the Federal Court or a Humanitarian and Compassionate (H&C) application.
Being charged with a violent crime is terrifying, but for non-citizens, the nightmare does not end at the criminal courthouse. If you are a Permanent Resident (PR) or foreign national living in Canada, a criminal conviction can lead directly to removal from the country. Assault Causing Bodily Harm is treated exceptionally seriously under the Immigration and Refugee Protection Act (IRPA).
Because this specific offence carries a maximum penalty of 10 years or more under the Criminal Code, it automatically triggers the “serious criminality” provisions of Section 36(1). Whether you live in Toronto, Calgary, or Vancouver, the Canada Border Services Agency (CBSA) will actively monitor your criminal case. Understanding the rigid thresholds of Canadian immigration law is the first step to defending your right to stay.
Step-by-Step Process for Fighting Deportation in Canada
Step 1: The Section 44 Report and CBSA Interview
Once you are convicted, the CBSA will draft a Section 44 report alleging you are inadmissible to Canada due to serious criminality. You will likely be called in for an interview. 💼
During this interview, officers assess your circumstances to decide if they will refer your case to the Immigration and Refugee Board (IRB). It is highly recommended to have an immigration lawyer present, as any mitigating factors discussed here might persuade the officer to write a warning rather than seeking immediate deportation.
Step 2: Attending the Admissibility Hearing
If the CBSA proceeds, you must attend an Admissibility Hearing before the Immigration Division of the IRB. Here, the government only needs to prove two things: that you are the person named, and that you were convicted of the offence. 📋
Unlike criminal court, you cannot argue your innocence at this hearing. If the conviction exists, the IRB member is legally required to issue a deportation order. The focus must be on what happens immediately after this order is issued.
Step 3: Determining Your IAD Appeal Rights
This is the most critical juncture. If your criminal sentence was strictly less than six months, you can appeal the deportation order to the Immigration Appeal Division (IAD). The IAD can look at humanitarian factors, like your Canadian children or your rehabilitation. 📝
However, if your sentence was six months or more, you permanently lose access to the IAD. This strict rule applies universally across Canada. Without the IAD, your removal order becomes actionable much faster.
Step 4: Filing for Judicial Review or PRRA
If you lost your IAD appeal rights, your lawyer may apply for “Leave and Judicial Review” at the Federal Court of Canada, arguing that the decision was legally flawed. Alternatively, you can file a Pre-Removal Risk Assessment (PRRA) or an H&C application. 📍
A PRRA assesses whether returning to your home country would expose you to torture or a risk to your life. An H&C application asks IRCC to let you stay based on your establishment in Canada and the best interests of any children involved. Neither option guarantees a pause on your deportation, but they are often the last legal avenues available.
How Much Does Deportation Defence Cost in Canada?
Defending against a deportation order is a complex, multi-stage legal battle. As of May 2026, you can generally expect the following costs in CAD:
| Legal Service | Estimated Cost (CAD) | Details |
|---|---|---|
| CBSA Section 44 Interview Prep | $1,500 – $3,000 | Lawyer representation during the initial CBSA investigation stage. |
| IRB Admissibility Hearing | $3,000 – $6,000 | Preparation and attendance at the hearing where the removal order is issued. |
| IAD Appeal (If Eligible) | $5,000 – $10,000 | A lengthy process involving witnesses, evidence of rehabilitation, and court time. |
| Federal Court Judicial Review | $7,000 – $15,000+ | Highly technical litigation if the IRB or IAD makes an error in law. |
How Long Does the Process Take?
Deportation proceedings can move uncomfortably fast or drag out for years, depending on backlogs:
- Section 44 to Admissibility Hearing: Typically takes 3 to 6 months after your criminal sentence concludes.
- IAD Appeal Processing: If you are eligible, securing a hearing date at the IAD generally takes 12 to 24 months.
- Federal Court Review: A Judicial Review decision usually takes 6 to 12 months.
Frequently Asked Questions (FAQ)
Does “time served” in pre-trial custody count toward the 6-month limit?
Yes. The Federal Court of Appeal has ruled that pre-trial custody credited by the criminal judge counts toward your total sentence. If your credited time plus your active sentence is six months or more, you lose your IAD appeal rights.
Can I stop deportation if I have a Canadian spouse and children?
Having Canadian dependents is a powerful factor in an IAD appeal or an H&C application. However, it does not provide absolute immunity from deportation, especially in cases involving violent indictable offences.
Will getting a Record Suspension (pardon) cancel the deportation?
If you obtain a federal Record Suspension from the Parole Board of Canada, the conviction can no longer be used to deport you. However, you must wait the mandatory period (usually 5 to 10 years after your sentence ends) before you can apply.
What happens if I refuse to sign the removal order?
Refusing to sign the document does not invalidate the removal order. The CBSA will simply note your refusal, and the deportation process will continue. Non-compliance can also result in immigration detention.
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