After a Federal Court grants a stay of removal, the CBSA will not return your original physical passport, as the deportation order remains technically active. Instead, the passport is kept in secure custody as a control measure, and you must obtain certified copies from the CBSA for official use.
Winning a stay of removal at the Federal Court of Canada is a monumental victory for any refugee claimant or foreign national facing imminent deportation. 📁 The judge’s order legally halts the Canada Border Services Agency (CBSA) from forcing you onto an airplane. However, many claimants mistakenly assume they can immediately reclaim their original physical passport. Under the Immigration and Refugee Protection Act (IRPA), the CBSA is legally entitled to retain your seized travel documents to ensure compliance with Canadian law, even if your deportation is temporarily or indefinitely stayed.
Because a stay of removal only pauses the execution of your deportation order rather than cancelling the order itself, you remain subject to removal. The CBSA retains your passport in their vault as a control measure to prevent flight risk. To navigate daily life, apply for work permits, or access provincial services, you must obtain certified copies of your passport and rely on your Refugee Protection Claimant Document (RPCD) as a temporary ID. If officers delay in providing these certified copies, taking specific legal actions can expedite the process.
Step-by-Step Process in Canada
Whether your file is managed at the CBSA office in Calgary, Alberta, or downtown Montreal, Quebec, the procedure for obtaining certified copies or navigating document custody requires a formal approach. 📋 Knowing how to request these documents is critical for your status in Canada.
Step 1: Obtain the Formal Federal Court Order
The CBSA will not process any request regarding your file without official proof. You must wait for your law firm to receive the official, stamped Order from the Federal Court judge granting the stay of removal. This legal document is absolute proof that the immediate enforcement of the deportation order has been successfully halted.
Step 2: Request Certified True Copies from the CBSA
Your lawyer must draft a formal request directed to the specific CBSA Enforcement Officer assigned to your case. 📝 While the CBSA will refuse to return the physical passport, you can request “Certified True Copies” of your passport pages under Section 140 of the IRPA and Sections 253-258 of the IRPR. The letter must include your Unique Client Identifier (UCI), the removal file number, and a copy of the Federal Court Order to prove you have a legal right to reside in Canada temporarily.
Step 3: File an ATIP Request if Ignored
CBSA officers are notoriously overworked, and document copying requests are often placed at the bottom of their priority list. If you do not receive your certified copies within 30 days, you can file an Access to Information and Privacy (ATIP) request. This legally obligates the agency to review your enforcement file and process your request within federal deadlines.
Step 4: Use the Refugee Protection Claimant Document (RPCD)
Once you have certified copies of your passport, you must pair them with your Refugee Protection Claimant Document (RPCD) or your work permit. 📅 In Canada, the RPCD acts as your primary, government-issued temporary ID. You will use this document to access the Interim Federal Health Program (IFHP), renew your provincial services, and prove your legal status inside Canada without needing your original passport.
How Much Does it Cost in Canada?
Requesting certified copies from the Canadian government involves minimal federal fees, but legal representation will incur costs. 💵 Here is a breakdown of what you might expect to pay in Canadian dollars (CAD):
| Service / Action | Estimated Cost (CAD) | Description |
|---|---|---|
| CBSA Document Fee | $0 | The government does not charge a fee to provide certified copies of your seized documents. |
| ATIP Request Fee | $5 | The standard federal fee required to file an Access to Information request online. |
| Lawyer Administrative Fee | $200 – $500 | Estimated cost if your law firm charges hourly to draft letters and coordinate with the CBSA. |
How Long Does the Process Take?
Patience is mandatory when dealing with CBSA inland enforcement. ⏳ After the Federal Court issues the stay of removal, it can take 2 to 4 weeks for the CBSA legal department to fully update their internal system (the Global Case Management System – GCMS). Once your written request for certified copies is submitted, it generally takes 4 to 12 weeks to receive them, especially if you must file an ATIP request to locate the document and push the file forward.
Frequently Asked Questions (FAQ)
Will CBSA return my original passport if my deportation is stayed?
No. Under the IRPA, since the deportation order remains active (only its execution is stayed), you are still subject to removal. The CBSA must keep the original passport in secure custody as a control measure to prevent flight risk. It will only be returned if you obtain Permanent Resident (PR) status or upon actual departure.
Can CBSA destroy my seized passport?
Can I apply for a new passport from my embassy instead?
⚖️ Lawyers to Help You in Canada
🏛️ Relevant Courts & Agencies in Canada
🏛️ Fredericton Service Canada Centre and Passport Services – Fredericton, NB
📅 Appt. Recommended
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