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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 11
💡Visiting academics travelling to Canada on an eTA to speak at a conference may face deportation if border officers suspect they are performing unauthorized paid work. If issued an Exclusion…
👪If the CBSA threatens your permanent resident child with deportation due to an alleged adoption misrepresentation, you can appeal to the Immigration Appeal Division (IAD). The appeal relies heavily on…
🚨During a CBSA raid on a construction site, you have the right to remain silent and to contact a lawyer immediately. If you are an undocumented worker facing deportation, you…
💡Generally, if you are claiming asylum in Canada, you may legally work remotely for a foreign company as long as that company has no operations in Canada and you are…
💡No, holding a CUMSA/USMCA professional visa does not protect you from deportation in Canada. Even highly skilled tech workers can face swift removal by the Canada Border Services Agency (CBSA)…
💡If an independent contractor is found guilty of misrepresentation under Section 40 of the Immigration and Refugee Protection Act (IRPA), they face a mandatory 5-year ban from Canada. To fight…
👷In Canada, every worker has the right to join a union. If an employer threatens you with deportation via the Canada Border Services Agency (CBSA) for organizing, you can apply…
💡Yes. If you secure permanent residency through a Provincial Nominee Program (PNP) entrepreneur stream but deliberately fail to establish the promised business, IRCC can charge you with misrepresentation. This legal…
🤝Canadian employers can play a vital role in preventing the deportation of essential staff by providing robust letters of support, sponsoring specialized immigration lawyers, and actively supporting alternative pathways like…
🚚In Canada, impaired driving (often called DUI) is considered “serious criminality” under immigration law. If you are a commercial truck driver on a work permit and receive a conviction, you…
💼If a foreign worker is detained by the Canada Border Services Agency (CBSA) for a prolonged period, Canadian employers generally have the right to terminate employment. Under provincial labour laws,…
💡If your employer is investigated for Labour Market Impact Assessment (LMIA) fraud, you risk losing your work permit and facing deportation for misrepresentation. Hiring a Canadian law firm to proactively…
💔If an angry ex-spouse maliciously reports your relationship as a “marriage of convenience” to the CBSA, you could face severe misrepresentation charges. To legally stop deportation, you must urgently gather…
💡If you are a caregiver in Canada facing abuse or exploitation after losing your employer, you can apply for an Open Work Permit for Vulnerable Workers (VWOWP) to halt deportation…
🚨Under Canada’s Immigration and Refugee Protection Act (IRPA), a corporate tax evasion conviction by the Canada Revenue Agency (CRA) can be legally classified as serious criminality. If the maximum sentence…
💡Working for an unapproved employer or accepting cash jobs violates Section 41 of the IRPA and can trigger an immediate Canada Border Services Agency (CBSA) investigation. Fighting deportation at an…
📚International students in Canada must actively pursue their studies. If your Designated Learning Institution (DLI) reports you to IRCC for poor attendance or academic probation, you could face an Exclusion…
💡Individuals held in Canadian immigration detention have a legal right to essential healthcare, including necessary prescription medication. You must declare your medical needs immediately upon intake at a CBSA Immigration…
💡Generally, you cannot collect Employment Insurance (EI) if you are facing active deportation, because Service Canada requires you to be legally authorized to work and “ready, willing, and capable” of…
💡Under Section 22 of the Citizenship Act, you are strictly prohibited from being granted Canadian citizenship if you are subject to an active removal order. The basic application fee is…
💼When a removal order becomes legally enforceable in Canada, your temporary resident status, including your work permit and Social Insurance Number (SIN), typically becomes invalid. Under Canadian law, your employer…
🎯 Specialization: Refugee Claims, Family Sponsorship, Civil Litigation, Wills and Estates
🗣️ Languages: English, French, Arabic
📍 Address: 10212 127 Ave NW, Edmonton, Alberta
🏢 Est: 2021
🎯 Specialization: US Immigration, Canadian Immigration, E-2 Visas, TN Visas, Spousal Sponsorship
🗣️ Languages: English
📍 Address: 293 1 Ave Unit #2, Kamloops, British Columbia
✨ Free Consultation
🎯 Specialization: Express Entry, Visitor Visas, Family Sponsorship, Refusal Appeals, Super Visas
🗣️ Languages: English, Hindi, Punjabi, Urdu
📍 Address: 2120 N Park Dr Unit #3, Brampton, Ontario
🏢 Est: 2007
🎯 Specialization: Canadian Immigration, Notary Public, Record Suspensions, US Entry Waivers, Study Permits, Work…
🗣️ Languages: English
📍 Address: 310 Bagot St, Kingston, Ontario
✨ Free Consultation
🎯 Specialization: Legal Aid Certificates, Duty Counsel, Refugee Claims, Domestic Violence Support
🗣️ Languages: English, French
📍 Address: 224 Elm St, Sudbury, Ontario
🏢 Est: 1998
🎯 Specialization: Refugee Protection, Immigration Appeals, Federal Court Reviews, Humanitarian Applications
🗣️ Languages: English
📍 Address: 939 Goyeau St, Windsor, Ontario
🏢 Est: 2010
🎯 Specialization: Notary Public, Super Visas, Spousal Sponsorship
🗣️ Languages: English
📍 Address: 1604 Upper Ottawa St, Hamilton, Ontario
🎯 Specialization: Immigration Appeals, Deportation Defence, Family Sponsorship, Prison Law
🗣️ Languages: English, German
📍 Address: 211 Division St, Kingston, Ontario
🏢 Est: 1988
🎯 Specialization: Refugee Claims, Divorce, Child Custody, Family Law, Immigration Appeals, Separation Agreements
🗣️ Languages: English, French
📍 Address: 1090 University Ave W, Windsor, Ontario
🎯 Specialization: Family Sponsorship, Refugee Claims, Immigration Appeals, Family Mediation
🗣️ Languages: English, Farsi
📍 Address: 15 Allstate Pkwy, Markham, Ontario
🏢 Est: 2012
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Passports, Record of Employment, Benefit Statements
📍 50 Pl. de la Cité, Sherbrooke, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Record of Employment
📍 195 Henry St, Brantford, Ontario
⚙️ Services: Community Corrections, Parole Supervision, Offender Reintegration
📍 704 4 Ave S, Lethbridge, Alberta
📅 Appt. Recommended
⚙️ Services: Court Records, Judgments, Orders, Writs of Seizure, Certified Copies
📍 30 McGill St, Montreal, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport
📍 35 Beresford Dr, Richmond Hill, Ontario
📅 Appt. Recommended
⚙️ Services: Tribunal Decisions, Case Records
📍 240 Sparks St., Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Canadian Passports (Standard), Access Codes
📍 48 Owen St Floor 1 Suite 301, Barrie, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Canadian Passports (Standard), Access Codes
📍 5051 Hwy 7 #14, Markham, Ontario
🚶 Walk-ins Welcome
⚙️ Services: Federal Court Records, Certified Copies, Registry Filings
📍 10060 Jasper Ave, Edmonton, Alberta
📅 Appt. Recommended
⚙️ Services: Passport Services, Social Insurance Number, Employment Insurance, Canada Pension Plan, Biometrics
📍 700 Queenston Rd, Hamilton, Ontario
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.