Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 15
💡Evading the draft is normally considered a standard offence, but Canada may grant refugee status if the military forces you to participate in an internationally condemned conflict. Applying for asylum…
💡A “sur place” refugee claim happens when you are already inside Canada (e.g., as a student or visitor) and a sudden change in your home country makes it dangerous to…
💡Stateless persons can claim refugee protection in Canada, but they face a unique legal hurdle. You must prove to the Refugee Protection Division (RPD) that you have no legal citizenship…
💡Under Section 40 of the Immigration and Refugee Protection Act (IRPA), misrepresentation generally carries a strict 5-year ban from Canada. However, Canadian Federal Court jurisprudence suggests that a genuinely innocent…
💡To maintain your Permanent Resident status in Canada, you must be physically present in the country for at least 730 days within any 5-year period. If a CBSA officer issues…
💡In Canada, the rule requiring sponsored spouses to live with their partner for two years (conditional PR) has been repealed. A genuine relationship breakdown will not automatically result in deportation.…
💡If you are fleeing Gender-Based Violence (GBV), Canada offers asylum if your home country fails to protect you. Under the IRB Chairperson’s Guidelines on Gender-Related Persecution, you can claim refugee…
💡Receiving a Procedural Fairness Letter (PFL) for misrepresentation is an extreme immigration emergency. You typically have only 7 to 30 days to submit a comprehensive legal response. Failing to overcome…
💡Fleeing your home country due to persecution based on your sexual orientation or gender identity is a valid ground for refugee protection in Canada. The Refugee Protection Division (RPD) uses…
💡To claim asylum as a political dissident in Canada, you must prove a “well-founded fear” of state persecution at the Refugee Protection Division (RPD). Critical evidence includes politically motivated arrest…
💡To succeed in a religious persecution refugee claim in Canada, you must prove a well-founded fear of harm and state complicity or failure to protect. Strong claims heavily rely on…
💡If you overstay your tourist visa in Canada, you risk receiving a Departure Order from the Canada Border Services Agency (CBSA). However, if you are within 90 days of your…
👮An arrest or conviction for domestic violence can trigger an immediate Canada Border Services Agency (CBSA) investigation. For temporary workers and international students, this often leads to the cancellation of…
💡Under Section 38 of the Immigration and Refugee Protection Act, you may face medical inadmissibility if your health condition is deemed an excessive demand on Canadian social or health services.…
💡Lying or withholding material facts on a Canadian visa application is considered Misrepresentation under Section 40 of the Immigration and Refugee Protection Act. If discovered by IRCC or CBSA, you…
🚨Yes, you can be deported from Canada for an impaired driving conviction. Since the passing of Bill C-46, a DUI is now classified as “serious criminality” under Canadian immigration law.…
💡Yes, employers can report undocumented workers to the Canada Border Services Agency (CBSA). However, using the threat of deportation to underpay or abuse workers is highly illegal. Undocumented individuals can…
💡Under Section 39 of the Immigration and Refugee Protection Act (IRPA), having standard consumer debt, filing for bankruptcy, or owing taxes to the CRA does not automatically trigger deportation. However,…
💡Failing to disclose a foreign criminal conviction can lead to the Canada Border Services Agency (CBSA) issuing a deportation order under Section 36 of the IRPA. To legally overcome this…
💡Under Section 34 of the Immigration and Refugee Protection Act (IRPA), foreign nationals and Permanent Residents can face deportation for security reasons, including terrorism or espionage. While overcoming this is…
💡Working beyond the authorized 24 hours per week off-campus is a violation of Section 41 of the Immigration and Refugee Protection Act. International students caught non-complying with their study permit…
🎯 Specialization: Mandamus Applications, Intra-Company Transfers, Inadmissibility
🗣️ Languages: English
📍 Address: 2359 Clearbrook Rd, Abbotsford, British Columbia
🏢 Est: 2009
🎯 Specialization: US Immigration, Canadian Immigration, Work Permits, Business Visas, Inadmissibility Waivers
🗣️ Languages: English
📍 Address: 675 Cochrane Drive, Markham, Ontario
🏢 Est: 2010
🎯 Specialization: Immigration Appeals, Spousal Sponsorship, Inadmissibility, Visa Refusals
🗣️ Languages: English
📍 Address: 508 Gladstone Ave, Ottawa, Ontario
🏢 Est: 2004
✨ Free Consultation
🎯 Specialization: Criminal Defence, Family Law, Immigration, Duty Counsel
🗣️ Languages: English, French
📍 Address: 364 Water St, Peterborough, Ontario
🏢 Est: 1998
🎯 Specialization: Refugee Protection, Express Entry, Brazilian Immigration to Canada
🗣️ Languages: English, French, Portuguese, Spanish
📍 Address: 24 Bayswater Ave, Ottawa, Ontario
🏢 Est: 2016
🎯 Specialization: Immigration Appeals, Business Immigration, Express Entry, Family Sponsorship, Work Permits
🗣️ Languages: English
📍 Address: 82 Westmorland St, Fredericton, New Brunswick
🎯 Specialization: Federal Court Appeals, Spousal Sponsorship, Criminal Inadmissibility, Humanitarian Applications
🗣️ Languages: English
📍 Address: 100 New Park Pl, Vaughan, Ontario
🏢 Est: 2002
🎯 Specialization: Immigration Law, Family Sponsorship, Divorce, Refugee Claims
🗣️ Languages: French, English, Haitian Creole
📍 Address: 1871 Rue Galt O, Sherbrooke, Quebec
🎯 Specialization: Canadian Immigration, US Immigration, Work Permits, Spousal Sponsorship
🗣️ Languages: English
📍 Address: 105 8 St S, Lethbridge, Alberta
🎯 Specialization: Permanent Residence, Spousal Sponsorship, Work Permits, Refugee Claims
🗣️ Languages: English, Hindi, Punjabi, Urdu, Vietnamese
📍 Address: 1A Conestoga Dr #300, Brampton, Ontario
🏢 Est: 2018
⚙️ Services: Military ID, Security Clearance, Police Reports, Incident Verification
📍 145 Churchill Ave, St. John's, Newfoundland and Labrador
⚙️ Services: Canadian Citizenship, Permanent Resident Cards, Refugee Status Documents, Work Permits (Processing)
📍 55 Bay St N, Hamilton, Ontario
📅 Appt. Recommended
📍 299 Hespeler Rd #104, Cambridge, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Passports, Record of Employment, Pension Statements, Apprenticeship Grants
📍 60 Front St Suite 201, Nanaimo, British Columbia
⚙️ Services: Permanent Resident Card, Temporary Resident Visa, Citizenship Certificate
📍 473 Albert St, Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Canadian Passports, Social Insurance Number, CPP Records, OAS Records, Employment Insurance Files
📍 1783 Hamilton St, Regina, Saskatchewan
📅 Appt. Recommended
⚙️ Services: Tribunal Decisions, Case Records
📍 240 Sparks St., Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport (Standard Processing), Veterans Affairs Benefits
📍 60 Gillingham Dr, Brampton, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passports, Biometrics
📍 400 City Hall Square E, Windsor, Ontario
📅 Appt. Recommended
⚙️ Services: Fishing Licenses, Tax Compliance, Federal Identification
📍 80 Water St, 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.
