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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 13
💡If you face deportation due to past foreign criminal convictions, you can cure your Section 36 inadmissibility by applying for Criminal Rehabilitation. The IRCC processing fee is $229.77 CAD for…
💡If you are facing deportation due to a criminal conviction inside Canada, obtaining a Record Suspension (pardon) from the Parole Board of Canada cancels the inadmissibility under Section 36 of…
👦Under Canadian immigration law, the Best Interests of the Child (BIOC) principle can prevent the deportation of a parent. Demonstrating that a child’s emotional, medical, or developmental needs would be…
📜Most failed refugee claimants face a strict 12-month bar before they can apply for a Pre-Removal Risk Assessment (PRRA). However, you may be entitled to an exemption if your home…
💡An Administrative Deferral of Removal (ADR) is a temporary Canadian federal policy that pauses deportations to specific countries facing sudden crises, such as natural disasters. If you are from an…
💡If your Pre-Removal Risk Assessment (PRRA) is denied, you face imminent removal by the CBSA. To fight this, you must generally file a Judicial Review at the Federal Court of…
📋If the Immigration Division (ID) issues a deportation order due to inadmissibility, you generally have 30 days to file an appeal with the Immigration Appeal Division (IAD). Challenging the legal…
💬If the Federal Court grants your Judicial Review, it does not mean you automatically get refugee status. Instead, the judge quashes (cancels) the negative decision and sends your case back…
⏳If your Pre-Removal Risk Assessment (PRRA) is severely delayed by IRCC, you can file a Writ of Mandamus in the Federal Court to legally force them to make a decision.…
💡A Danger Opinion is an exceptional measure under Section 115(2) of the Immigration and Refugee Protection Act (IRPA) to deport a protected person. To successfully stop refoulement, you must prove…
⚠️You can generally appeal an Immigration Division (ID) removal order to the Immigration Appeal Division (IAD) if you are a Permanent Resident or Protected Person. However, you are legally blocked…
💡A Temporary Resident Permit (TRP) can temporarily pause or overcome an active removal order in highly exceptional circumstances. It requires proving compelling humanitarian and compassionate grounds. The processing fee paid…
📄To challenge a negative refugee decision in Canada, you must file an Application for Leave and Judicial Review at the Federal Court. If you are inside Canada, you have a…
💡Applying for permanent residence on Humanitarian and Compassionate (H&C) grounds after being deported from Canada is extremely challenging but legally possible. You will pay a $575 CAD application fee, and…
🔴Permanent Residents facing deportation can ask the IAD for “equitable relief” using the Ribic and Chieu factors. This means the tribunal can cancel your removal order based on humanitarian grounds,…
💡Generally, if a protected person in Canada travels back to their home country, the government will initiate cessation proceedings to strip their Permanent Residence (PR) for “re-availment.” However, the Federal…
💡Attending political protests in Canada can form the basis of a “sur place” refugee claim if your activism puts you at risk in your home country. However, if the Minister…
💡In Canada, there is absolutely no statute of limitations on vacation proceedings. The Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) can file an application to…
⚠️Under Section 46(1)(c.1) of the Immigration and Refugee Protection Act (IRPA), if the Minister successfully applies to cease your refugee status, you automatically and immediately lose your Permanent Resident (PR)…
⚠️If the Refugee Protection Division (RPD) decides to “vacate” your refugee status, you cannot appeal to the Refugee Appeal Division (RAD). To fight this decision, you must immediately file an…
👪If your refugee status is ceased by the RPD, having Canadian-born children does not stop your removal. However, you can file a Humanitarian and Compassionate (H&C) application, where the Best…
🎯 Specialization: US Immigration, Canadian Immigration, E-2 Visas, TN Visas, Spousal Sponsorship
🗣️ Languages: English
📍 Address: 335 Wesley St #204, Nanaimo, British Columbia
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🎯 Specialization: Refugee Claims, Immigration Appeals, Detention Reviews, Federal Court Judicial Review
🗣️ Languages: English, Punjabi, Hindi, Urdu
📍 Address: 398 Mohawk Road East, Hamilton, Ontario
🎯 Specialization: Spousal Sponsorship, Express Entry, Refugee Claims, Student Visas, Visitor Visas
🗣️ Languages: English, Punjabi, Hindi
📍 Address: 8028 128 St #216, Surrey, British Columbia
🏢 Est: 2016
🎯 Specialization: Global Talent Stream, Intra-Company Transferees, LMIA Applications, Tech Talent Relocation
🗣️ Languages: English
📍 Address: 201 City Centre Dr, Mississauga, Ontario
🎯 Specialization: Refugee Appeals, Spousal Sponsorship, PR Revocation Appeals, Judicial Review
🗣️ Languages: English, Hindi, Urdu
📍 Address: 2378 Holly Ln, Ottawa, Ontario
🏢 Est: 2008
✨ Free Consultation
🎯 Specialization: US Work Visas, TN Visas, Green Cards, E-2 Investor Visas, US Waivers
🗣️ Languages: English, French
📍 Address: 1800 McGill College Ave, Montreal, Quebec
🏢 Est: 2019
🎯 Specialization: Deportation Defence, Sponsorship Appeals, Business Immigration
🗣️ Languages: English, Farsi
📍 Address: 10132 Yonge St, Richmond Hill, Ontario
🎯 Specialization: Student Visas, Spousal Sponsorship, Express Entry
🗣️ Languages: English, Punjabi, Hindi
📍 Address: 72 Ross St, Barrie, Ontario
🎯 Specialization: Criminal Defence, Prison Law, Refugee Claims, Deportation Defence
🗣️ Languages: English
📍 Address: 1701 Hollis St, Halifax, Nova Scotia
🏢 Est: 2018
✨ Free Consultation
🎯 Specialization: Immigration Appeals, DUI Defence, Family Sponsorship
🗣️ Languages: English, Punjabi, Hindi, Urdu, Vietnamese, Spanish
📍 Address: 4851 Westwinds Dr NE, Calgary, Alberta
🏢 Est: 1998
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passports
📍 471 Queensway, Kelowna, British Columbia
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⚙️ Services: Social Insurance Number, Passports
📍 3179 Jacklin Rd, Victoria, British Columbia
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⚙️ Services: Registry Services, Federal Court, Tax Court, Court of Appeal
📍 1801 Hollis St, Halifax, Nova Scotia
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⚙️ Services: Social Insurance Numbers, Passports, Record of Employment, Pension Statements, Apprenticeship Grants
📍 32525 Simon Ave Suite 100, Abbotsford, British Columbia
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Passports, Record of Employment, Pension Statements, Apprenticeship Grants
📍 3480 Gilmore Wy Suite 100, Burnaby, British Columbia
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⚙️ Services: Social Insurance Number, Passports, Record of Employment
📍 36 66 St NW, Edmonton, Alberta
🚶 Walk-ins Welcome
📍 2501 Boul. Lapinière, Brossard, Quebec
🚶 Walk-ins Welcome
📍 Ave. Mountain Sights, Montreal, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport
📍 540 Beaumont Ave, Montreal, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passports, CPP Records, EI Records, OAS Records
📍 920 2 Avenue a N Unit 101, Lethbridge, Alberta
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.