Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 10
💡To successfully defend against a deportation order at the Immigration Appeal Division (IAD), you must request your CBSA enforcement notes (GCMS) through the Privacy Act. While the statutory processing time…
💡To overcome criminal inadmissibility and stop a deportation, you must obtain a federal Record Suspension (Pardon). Under the Criminal Records Act, you must wait 5 years for a summary conviction…
💡There is absolutely no statute of limitations on immigration misrepresentation in Canada. The Canada Border Services Agency (CBSA) can investigate a marriage of convenience (fake marriage) and initiate deportation proceedings…
🐶If the Canada Border Services Agency (CBSA) issues a sudden removal order, transporting a Canadian-born pet to your home country requires strict veterinary compliance, a Canadian Food Inspection Agency (CFIA)…
💡No. Under Canadian law, an absolute or conditional discharge is not considered a criminal conviction. Because the Canada Border Services Agency (CBSA) requires a formal conviction to deport you under…
💡During a Canada Border Services Agency (CBSA) detention review, the Immigration and Refugee Board (IRB) provides a certified interpreter for your official hearing entirely free of charge. However, if you…
💡If you are released from Canada Border Services Agency (CBSA) custody under the Alternatives to Detention (ATD) program, the Canadian government fully covers the cost of your electronic ankle monitor…
💡If you are a protected person in Canada, returning to your home country or renewing your old passport can trigger an investigation for Cessation of Refugee Status under Section 108…
💡Applying for a federal Record Suspension (pardon) is a critical legal step to cancel a Section 36 inadmissibility report and halt deportation. The official Parole Board of Canada application fee…
💰If the Canada Border Services Agency (CBSA) seizes your cash or electronics at the border, you must file a formal appeal within exactly 90 days. Fighting an asset forfeiture typically…
💡While the government fee to request your GCMS notes or CBSA ATIPs is only $5 CAD, hiring a Canadian law firm to interpret these complex immigration files usually costs between…
💡Seafarers who “jump ship” in Canadian ports face immediate arrest and deportation by the Canada Border Services Agency (CBSA). Retaining a specialized Canadian immigration lawyer to file an asylum claim,…
❤️For undocumented immigrants in Canada, filing a Humanitarian and Compassionate (H&C) application is often the most effective pathway to gaining legal Permanent Resident (PR) status. You generally need to prove…
💼To apply for an Open Work Permit as a refugee claimant in Canada, you generally need to complete an Immigration Medical Exam (IME) or qualify for an exemption. Under the…
🚨To return to Canada after being deported, you generally need to apply for an Authorization to Return to Canada (ARC). Most applicants choose to show that their circumstances have completely…
⚠️If you experience a missed immigration hearing in Canada, the Canada Border Services Agency (CBSA) will generally issue a warrant for your arrest, and the IRB may declare your case…
🔍Generally, to claim asylum at a Canadian Port of Entry, you must declare your intention to a CBSA officer immediately upon arrival. During your first few hours, the officer will…
🚨Generally, there are three main types of removal orders in Canada: a Departure Order gives you 30 days to leave without a ban, an Exclusion Order bans you from returning…
🔍Generally, under the Safe Third Country Agreement (STCA), you must claim asylum in the first safe country you arrive in. To claim asylum from the US at a Canadian land…
💡If your company receives a CBSA Requirement to Pay or Production Order regarding an employee, you are legally obligated under the Immigration and Refugee Protection Act (IRPA) to comply. Handing…
💡If you are a seasonal agricultural worker in Canada facing deportation, you may apply for a Pre-Removal Risk Assessment (PRRA) if returning home puts your life in danger. You generally…
🎯 Specialization: Immigration Law, Permanent Residency, Business Immigration, Family Sponsorship, Judicial Reviews
🗣️ Languages: English
📍 Address: 931 Fort St, Victoria, British Columbia
✨ Free Consultation
🎯 Specialization: Immigration Judicial Review, Deportation Defence, Spousal Sponsorship
🗣️ Languages: English, Hindi, Punjabi, Urdu
📍 Address: 9703 41 Ave NW, Edmonton, Alberta
🏢 Est: 2004
✨ Free Consultation
🎯 Specialization: Refugee Claims, Spousal Sponsorship, Real Estate Closings, Business Incorporation
🗣️ Languages: English, Hindi, Punjabi
📍 Address: 134 Keppel Cir, Brampton, Ontario
🎯 Specialization: Work Permits, Family Sponsorship, Citizenship Applications, Inadmissibility
🗣️ Languages: English
📍 Address: 6692 Second St, Halifax, Nova Scotia
🏢 Est: 2011
🎯 Specialization: Business Immigration, Refugee Appeals, Inadmissibility, Skilled Worker Applications
🗣️ Languages: English, Russian, Ukrainian, French
📍 Address: 120 Eglinton Ave E #1101, Toronto, Ontario
🏢 Est: 2002
🎯 Specialization: Express Entry, Study Permits, Family Sponsorship
🗣️ Languages: English
📍 Address: 16775 Yonge St, Newmarket, Ontario
🎯 Specialization: US Immigration, Canadian Immigration, Work Permits, Business Visas, Inadmissibility Waivers
🗣️ Languages: English
📍 Address: 675 Cochrane Drive, Markham, Ontario
🏢 Est: 2010
🎯 Specialization: US Visas, Canadian Immigration, TN Visas, Waivers of Inadmissibility, Work Permits
🗣️ Languages: English
📍 Address: 55 Wyndham St N Suite 214C, Guelph, Ontario
🏢 Est: 2009
🎯 Specialization: Refugee Claims, Family Sponsorship, Study Permits, Humanitarian Cases
🗣️ Languages: English, French, Spanish
📍 Address: 1200 Blvd. Saint-Martin O, Laval, Quebec
🏢 Est: 2014
🎯 Specialization: Deportation Defence, Refugee Claims, Divorce, Spousal Sponsorship
🗣️ Languages: English, Portuguese
📍 Address: 111 Riverside Dr E, Windsor, Ontario
🏢 Est: 2000
📅 Appt. Recommended
⚙️ Services: Passports, Social Insurance Numbers, Record of Employment
📍 700 Queenston Rd, Hamilton, Ontario
📅 Appt. Recommended
📍 299 Hespeler Rd #104, Cambridge, Ontario
📅 Appt. Recommended
⚙️ Services: Registry Services, Federal Court, Tax Court, Court of Appeal
📍 1801 Hollis St, Halifax, Nova Scotia
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Canadian Passports (Standard), Access Codes
📍 457 Richmond St, London, Ontario
📅 Appt. Recommended
⚙️ Services: Canadian Passports, Social Insurance Numbers, Records of Employment
📍 1150 Douglas St 4th Floor, Victoria, British Columbia
📅 Appt. Recommended
⚙️ Services: Court Orders, Judgments, Hearing Lists, Case Summaries
📍 90 Sparks St., Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport (Standard Processing), Veterans Affairs Benefits
📍 60 Gillingham Dr, Brampton, Ontario
⚙️ Services: Permanent Resident Card, Canadian Citizenship Certificate, Work Permit, Study Permit, Visitor Visa
📍 9700 Jasper Ave, Edmonton, Alberta
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Passports, Record of Employment, Pension Statements, Apprenticeship Grants
📍 32525 Simon Ave Suite 100, Abbotsford, British Columbia
🚶 Walk-ins Welcome
⚙️ Services: Government Contracts, Federal Payments
📍 10 Barter's Hill, St. John's, Newfoundland and Labrador
Welcome to the Canada Federal Refugee & Deportation Defence guide centre. Here you will find comprehensive resources covering everything from making an asylum claim to appealing a removal order, based on current federal regulations.
Seeking asylum or facing removal from Canada are among the most high-stakes and stressful legal challenges a person can experience. In Canada, refugee protection and deportation proceedings are governed entirely at the federal level under the Immigration and Refugee Protection Act (IRPA). Whether you are arriving at a border crossing in British Columbia or living in Ontario, the foundational laws determining who needs protection and who is subject to removal are identical across the country.
Canada has a legal obligation to protect individuals who would face persecution, torture, or a risk to their life if forced to return to their home country. This guide centre is designed to provide clear, empathetic, and objective information to help you understand your legal rights, the asylum process, and the strict timelines involved when dealing with federal immigration enforcement.
Navigating the refugee and enforcement system involves highly complex procedures. Our resources address many common topics, including:
While you may live in a specific province, refugee and deportation matters bypass provincial courts like the Superior Court of Justice or the Court of King’s Bench. Instead, asylum claims and immigration appeals are heard by the Immigration and Refugee Board of Canada (IRB), an independent administrative tribunal. The IRB includes specialized divisions such as the Refugee Protection Division (RPD) and the Immigration Division (ID).
Enforcement of immigration laws is handled by the Canada Border Services Agency (CBSA). The CBSA is responsible for issuing removal orders, detaining individuals who pose a flight risk or danger to the public, and executing deportations. If an IRB decision or a CBSA action is legally flawed, the only venue to challenge it is through a Judicial Review at the Federal Court of Canada.
Deportation defence and refugee claims are incredibly complex, and a single mistake or missed deadline can result in immediate removal from Canada. We strongly advise against attempting to represent yourself at a detention review, an asylum hearing, or during a Federal Court appeal. A dedicated refugee and immigration lawyer deeply understands the IRPA, the IRB’s rules of practice, and international human rights law to ensure you have the strongest possible defence.
You can find a list of relevant local lawyers and government agencies at the top of this page. Working with a qualified legal professional is essential to protect your rights, keep your family safe, and navigate the overwhelming pressures of the federal immigration enforcement system.
A Convention refugee has a well-founded fear of persecution based on race, religion, political opinion, nationality, or membership in a particular social group. A person in need of protection is someone who would face a personalized risk of torture, a risk to their life, or a risk of cruel and unusual treatment if returned to their home country.
A PRRA is an evaluation conducted by IRCC before a person is removed from Canada to ensure they will not face persecution, torture, or a risk to their life if deported. Not everyone is eligible for a PRRA, and there are strict timelines to apply once notified by the CBSA.
Yes, most refugee claimants are eligible to apply for an open work permit after submitting their asylum claim and completing their medical examination. This allows you to support yourself financially while waiting for your hearing at the Refugee Protection Division.
If the CBSA detains you for immigration reasons, the Immigration Division of the IRB must hold regular hearings to determine if your continued detention is legally justified. A lawyer can propose alternatives to detention, such as posting a cash bond or having a Canadian citizen act as your guarantor.
There are three types of removal orders: Departure Orders, Exclusion Orders, and Deportation Orders. A Departure Order requires you to leave within 30 days. An Exclusion Order bars you from returning for one to five years without written permission. A Deportation Order permanently bans you from returning without an Authorization to Return to Canada (ARC).
An H&C application asks IRCC for an exemption from the standard immigration rules based on exceptional circumstances. Officers will consider factors like your establishment in Canada, family ties, the best interests of any children involved, and the hardship you would face if forced to leave.
