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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 12
🏱The Canada Border Services Agency (CBSA) cannot deport you unless they have a valid travel document from your home country. During the removal process, your consulate or embassy plays a…
💡If you are facing removal from Canada and do not have a valid passport, the Canada Border Services Agency (CBSA) has the legal authority to obtain an emergency travel document…
💡If you receive a deportation order from the Canada Border Services Agency (CBSA), you still legally own your property and have the right to sell it. However, you must act…
🚨If you receive a deportation order from the Canada Border Services Agency (CBSA), it will immediately impact your ability to travel to the USA, UK, Australia, and New Zealand. Because…
🚨In Canada, deportation orders and immigration arrest warrants do not expire. If you fail to appear for your removal, the Canada Border Services Agency (CBSA) will issue a Canada-wide warrant…
🚨If you lose your home country passport while under a CBSA deportation order, your removal will be delayed, but you risk being placed in an immigration holding centre. The CBSA…
⚠️Receiving an enforceable removal order from the Canada Border Services Agency (CBSA) generally invalidates your Canadian work permit immediately. Continuing to work is illegal, and your employer must terminate you…
💡Leaving Canada under a removal order does not erase your debts to Canadian banks or the Canada Revenue Agency (CRA). You must proactively manage your assets, optionally assign a Power…
✈️A Direction to Report is a legally binding CBSA document that schedules the exact date, time, and location of your removal flight from Canada. Failing to appear as ordered will…
💳If you absolutely cannot afford a ticket, CBSA will pay for your removal flight. However, being deported at the public’s expense means you are legally required to repay the exact…
💡Marrying a Canadian citizen or permanent resident does not automatically cancel a CBSA removal order. You generally must comply with the deportation, leave Canada, and apply for an Outland Spousal…
💡Having a baby in Canada automatically grants the child Canadian citizenship, but it does not stop the parents’ deportation. Parents may file a Humanitarian and Compassionate (H&C) application highlighting the…
🚨Yes, Canada Border Services Agency (CBSA) Inland Enforcement officers have the legal authority to arrest foreign nationals at their workplace if they are suspected of violating the Immigration and Refugee…
💡If you are issued a Departure Order in Canada, you have exactly 30 days to leave the country and officially verify your departure with the CBSA at the airport. By…
💡When deported from Canada, you are generally restricted to standard airline baggage allowances (usually one or two suitcases up to 23 kg each). You must proactively empty your Canadian bank…
🚨Refusing to sign a removal order from the Canada Border Services Agency (CBSA) does not invalidate the deportation. It simply means the officer will note your refusal on the file,…
💡To delay deportation while your Humanitarian and Compassionate (H&C) application is pending, you generally must request an administrative deferral from the CBSA. If refused, you must file an emergency motion…
🚨If the Refugee Appeal Division (RAD) dismisses your claim, you generally have 15 days to file an Application for Leave and Judicial Review at the Federal Court of Canada. Filing…
🏥If your refugee claim is refused in Canada, you may apply for Permanent Residence on Humanitarian and Compassionate (H&C) grounds based on medical hardship. To succeed, you must prove that…
⚖When applying for Judicial Review at the Federal Court of Canada, you generally cannot submit new evidence that was not presented to the original decision-maker. The narrow exceptions strictly involve…
💡A Temporary Suspension of Removals (TSR) stops deportations to countries experiencing generalized risk, such as armed conflict or massive human rights violations. If you are in Canada and your country…
🎯 Specialization: Family Sponsorship, Refugee Protection, Divorce Mediation, Criminal Defense
🗣️ Languages: English, French, Spanish, Russian
📍 Address: 465 Rue Saint-Jean, Montreal, Quebec
🎯 Specialization: Refugee Claims, Deportation Defence, Federal Court Appeals, Inadmissibility Hearings, Security Certificates
🗣️ Languages: English, Spanish, French, Punjabi, Hindi, Urdu, Russian, Ukrainian, Japanese
📍 Address: 281 Eglinton Ave E, Toronto, Ontario
🏢 Est: 1979
🎯 Specialization: US Immigration, Canadian Immigration, Waivers of Inadmissibility, Work Permits, Citizenship Applications
🗣️ Languages: English, French, Arabic
📍 Address: 4541 Park Ave, Montreal, Quebec
🏢 Est: 1991
🎯 Specialization: US Immigration Waivers, Cross-Border Law, Fingerprinting Services
🗣️ Languages: English, Ukrainian, Cantonese, Mandarin, Spanish
📍 Address: 558 9 Ave SE, Calgary, Alberta
🏢 Est: 1993
✨ Free Consultation
🎯 Specialization: Legal Aid, Poverty Law, Child Protection
🗣️ Languages: English
📍 Address: 2459 Pauline St, Abbotsford, British Columbia
🏢 Est: 1979
🎯 Specialization: Spousal Sponsorship, Refugee Claims, Judicial Review, Express Entry
🗣️ Languages: English, Urdu, Hindi, Punjabi
📍 Address: 6 George St S, Brampton, Ontario
✨ Free Consultation
🎯 Specialization: Criminal Defence, Family Law, Immigration, Duty Counsel
🗣️ Languages: English, French
📍 Address: 364 Water St, Peterborough, Ontario
🏢 Est: 1998
🎯 Specialization: Express Entry, LMIA Work Permits, Spousal Sponsorship, Start-up Visa, Citizenship Applications
🗣️ Languages: English, Hindi, Punjabi
📍 Address: 388 St Paul Ave Suite 202A, Brantford, Ontario
🏢 Est: 2020
🎯 Specialization: Canadian Immigration, Family Sponsorship, Express Entry, Work Permits, Citizenship, Refugee Claims, Appeals
🗣️ Languages: English, French, Arabic
📍 Address: 2430 Don Reid Dr, Ottawa, Ontario
🎯 Specialization: Family Sponsorship, Permanent Residency, Work Permits, Citizenship, Inadmissibility Appeals, Judicial Reviews
🗣️ Languages: English, Spanish, German, Italian, Russian, Ukrainian, Vietnamese
📍 Address: 83 Garry St, Winnipeg, Manitoba
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport
📍 1041 Boulevard des Laurentides, Laval, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Record of Employment
📍 195 Henry St, Brantford, Ontario
🚶 Walk-ins Welcome
⚙️ Services: Citizenship Testing, Immigration Interviews, Permanent Residency Processing
📍 3085 Glen Erin Dr, Mississauga, Ontario
⚙️ Services: Tribunal Orders, Case Filings
📍 90 Sparks St., Ottawa, Ontario
⚙️ Services: Federal Prosecution, Drug Prosecution Team, Regulatory Compliance
📍 50 Eagle St W, Newmarket, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canada Pension Plan Records, Old Age Security Records, Employment…
📍 620 Royal Ave floor: 2, New Westminster, British Columbia
📅 Appt. Recommended
⚙️ Services: Passports, Social Insurance Numbers, Record of Employment, Pension Statements
📍 10153 King George Blvd Unit 255, Surrey, British Columbia
📅 Appt. Recommended
⚙️ Services: Canadian Passports, Social Insurance Numbers, Biometrics, Records of Employment
📍 1870 Albert St #500, Regina, Saskatchewan
⚙️ Services: Permanent Resident Card, Canadian Citizenship Certificate, Work Permit, Study Permit, Visitor Visa
📍 9700 Jasper Ave, Edmonton, Alberta
📅 Appt. Recommended
⚙️ Services: Canadian Passport, Refugee Travel Document, Certificate of Identity, Passport Photos, Travel Document…
📍 2214 Autoroute Chomedey Ouest, Laval, Quebec
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.