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👨⚖️ Barrister Naveed Anwar (Refugee and Immigration Law) – Mississauga, ON
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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 16
💡Submitting fake degrees, fraudulent admission letters, or altered language test scores to Immigration, Refugees and Citizenship Canada (IRCC) is misrepresentation. Under Section 40 of the IRPA, this strict liability offence…
💡Failing to declare a spouse or child on your PR application triggers Regulation 117(9)(d), resulting in a lifetime ban on sponsoring them. It can also lead to deportation for misrepresentation…
💡If you submit a fake employment record or resume for Express Entry or a Work Permit, you face a 5-year ban from Canada under Section 40 of the IRPA for…
💡Section 35 of the IRPA makes individuals inadmissible to Canada for committing or being complicit in human rights violations or war crimes. To defend against deportation, applicants often must prove…
💡Section 37 of the IRPA renders Permanent Residents (PRs) inadmissible to Canada for organized criminality, such as gang affiliation or transnational smuggling. Defending against deportation involves challenging the CBSA’s evidence…
💡Entering a marriage of convenience to gain status violates IRPA Section 4.1. This leads to a Section 40 misrepresentation finding, a removal order, and a 5-year ban. Defending yourself usually…
👮An Admissibility Hearing at the Immigration Division determines if you will be deported from Canada. You face extremely strict timelines, including a mandatory 5-day deadline to submit and exchange all…
👮♂️If the Minister of Public Safety intervenes in your Canadian refugee claim, the processing timelines freeze immediately. The Canada Border Services Agency (CBSA) will intensely investigate your background for criminality,…
📄Under Section 110(4) of the Immigration and Refugee Protection Act, you cannot submit evidence to the Refugee Appeal Division (RAD) simply because you forgot it earlier. You face a strict…
💡Once your Pre-Removal Risk Assessment (PRRA) is officially denied, the statutory stay of removal is instantly lifted. The CBSA Inland Enforcement division moves very fast, typically issuing a Direction to…
💡The Canada Border Services Agency (CBSA) cannot deport a foreign national without a valid passport or an Emergency Travel Document (ETD). Depending on the cooperation of the foreign embassy, obtaining…
🚨A Federal Court motion for a Stay of Removal is a dramatic, last-minute legal maneuver. Decisions are extremely expedited, with federal judges typically issuing their ruling within 24 to 48…
💡If the CBSA detains you for immigration reasons, the Immigration and Refugee Board (IRB) must legally review your detention within 48 hours. If you are not released, subsequent reviews are…
💡In Canada, you must submit any changes, corrections, or new evidence for your Basis of Claim (BOC) form at least 15 days before your scheduled refugee hearing. Missing this strict…
💡If you receive a negative immigration or refugee decision inside Canada, you have a strict legal deadline of 15 days to file an Application for Leave and Judicial Review at…
💡Filing a Humanitarian and Compassionate (H&C) application does not automatically stop your deportation. Because Stage 1 processing can take up to 24 months, you may need to urgently apply for…
📅An Exclusion Order bans you from returning to Canada for either 1 year (for overstays or working illegally) or 5 years (for misrepresentation). Crucially, the waiting period officially begins on…
💡A Pre-Removal Risk Assessment (PRRA) evaluates if you face torture or persecution upon deportation. If processed normally, IRCC takes 6 to 12 months to make a decision. However, if the…
💡A Section 44 report issued by the Canada Border Services Agency (CBSA) is the first formal step toward deportation from Canada. The timeline from the report’s creation to an admissibility…
💡If your refugee claim is denied in Canada, you have exactly 15 days to file a Notice of Appeal to the Refugee Appeal Division (RAD). After that, you have a…
🚩Filing an emergency Stay of Removal at the Federal Court of Canada is a costly, last-minute legal effort to stop CBSA from deporting you. Because lawyers must drop everything to…
🎯 Specialization: US Immigration, Corporate Visas, Cross-Border Immigration, Express Entry
🗣️ Languages: English
📍 Address: 1 Hunter St E Suite 100, Hamilton, Ontario
✨ Free Consultation
🎯 Specialization: Refugee Claims, Judicial Review, Immigration Appeals, Detention Reviews
🗣️ Languages: English, Urdu, Hindi, Punjabi
📍 Address: 7033 Telford Way, Mississauga, Ontario
🎯 Specialization: Federal Court Judicial Review, Visa Refusals, Spousal Sponsorship, Study Permits
🗣️ Languages: English, Hindi, Punjabi
📍 Address: 1295 N Service Rd, Burlington, Ontario
✨ Free Consultation
🎯 Specialization: Tenant Rights, ODSP Appeals, Refugee Claims, Workers Compensation, Human Rights
🗣️ Languages: English, French
📍 Address: 100 Main St E Suite 203, Hamilton, Ontario
🏢 Est: 2010
🎯 Specialization: US Immigration Law, TN Visas, Green Card Applications, EB-2 National Interest Waivers
🗣️ Languages: English
📍 Address: 1450 Meyerside Dr, Mississauga, Ontario
🎯 Specialization: Study Visa, Work Permit, Spousal Sponsorship, Express Entry, LMIA
🗣️ Languages: English, Punjabi, Hindi
📍 Address: 2 County Court Boulevard, Brampton, Ontario
🎯 Specialization: Immigration Appeals, Refugee Claims, Spousal Sponsorship, Real Estate Closings
🗣️ Languages: English, Urdu, Hindi, Punjabi
📍 Address: 50 Steeles Ave E, Milton, Ontario
🎯 Specialization: LMIA Applications, Work Permits, Express Entry, Provincial Nominee Programs, Family Sponsorship
🗣️ Languages: English, Hindi, Punjabi
📍 Address: 20 Maritime Ontario Boulevard, Brampton, Ontario
🎯 Specialization: Refugee Claims, Youth Protection, Divorce, Child Custody, Legal Aid Cases
🗣️ Languages: English, French, Spanish, Italian
📍 Address: 3600 Av. Barclay, Montreal, Quebec
🏢 Est: 2002
🎯 Specialization: Express Entry, Family Sponsorship, Refugee Claims, Citizenship Applications, Study Permits
🗣️ Languages: English
📍 Address: 36 Markey Ct, Brampton, Ontario
🏢 Est: 2013
🚶 Walk-ins Welcome
⚙️ Services: Federal Court Records, Certified Copies, Registry Filings
📍 10060 Jasper Ave, Edmonton, Alberta
📅 Appt. Recommended
⚙️ Services: Court Records, Judgments, Orders, Writs of Seizure, Certified Copies
📍 30 McGill St, Montreal, Quebec
⚙️ Services: Appointment Records, Audit Reports, Language Testing Results, Employment Statistics
📍 2350 Albert St, Regina, Saskatchewan
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Record of Employment
📍 195 Henry St, Brantford, Ontario
📅 Appt. Recommended
⚙️ Services: Passports, Social Insurance Numbers, Record of Employment, Pension Statements
📍 10153 King George Blvd Unit 255, Surrey, British Columbia
📅 Appt. Recommended
⚙️ Services: Court Records, Judgments, Orders, Writs
📍 2425 Victoria Ave, Regina, Saskatchewan
⚙️ Services: Permanent Resident Card, Temporary Resident Visa, Citizenship Certificate
📍 473 Albert St, Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Canadian Passports, Refugee Travel Documents, Certificates of Identity
📍 210 Rue Champlain, Gatineau, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passport Applications, Biometrics
📍 433 Steeles Ave E Suite 103, Milton, Ontario
📅 Appt. Recommended
⚙️ Services: Canadian Passports, Social Insurance Numbers, Biometrics, Records of Employment
📍 1870 Albert St #500, Regina, Saskatchewan
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.