Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 17
💡Being found guilty of Section 40 misrepresentation severely results in a 5-year ban from Canada. Responding to a Procedural Fairness Letter (PFL) usually costs between $2,500 CAD and $5,000 CAD…
💡Under Section 112 of the Immigration and Refugee Protection Act (IRPA), applying for a Pre-Removal Risk Assessment (PRRA) is often the last step before deportation. While there is no government…
💡Yes, Legal Aid can cover a Federal Court Judicial Review for a failed refugee claim, but it is not automatic. Provincial bodies like Legal Aid Ontario use a strict merit…
💡Defending against a Danger Opinion Assessment under Section 115(2) of the immigration act involves proving you are not a threat to Canada. While there is no official IRCC application fee,…
💡An Exclusion Order legally bans you from returning to Canada for one to five years. If you need to return before the ban expires, you must apply for an Authorization…
💡Filing a Humanitarian and Compassionate (H&C) application does not automatically halt a CBSA removal order. To properly fight deportation, you must pay the $575 CAD IRCC processing fee, and generally…
💡A CBSA Deportation Order is a permanent, lifetime ban from Canada that never expires on its own. While an Exclusion Order may expire after 1 to 5 years, any individual…
💡Proving trauma in a Canadian refugee claim often requires a specialized medical-legal report. Hiring a qualified psychologist or psychiatrist for a PTSD assessment generally costs between $1,500 and $3,500 CAD.…
🚨Facing an Admissibility Hearing before the Immigration Division (ID) in Canada is a critical threat to your status. Hiring a skilled immigration lawyer to defend against a Canada Border Services…
💰Yes, you can potentially get provincial Legal Aid to fight a deportation order in Canada, but strictly if you meet severe low-income financial thresholds and your case has strong legal…
💡While there is no government filing fee to claim asylum at the Refugee Protection Division (RPD) in Canada, the hidden out-of-pocket costs can easily exceed $2,500 to $4,000 CAD. This…
💡Filing a Temporary Resident Permit (TRP) to overcome a deportation or exclusion order requires a standard $229.50 CAD government processing fee. However, because TRPs are highly discretionary and difficult to…
💡If you are detained by CBSA, the Immigration and Refugee Board (IRB) may require a guarantor (bondsperson) for your release. Cash bonds usually range from $2,000 to $10,000 CAD paid…
💡If your refugee claim is denied by the RPD, hiring a Canadian immigration lawyer to appeal to the Refugee Appeal Division (RAD) generally costs between $3,000 and $7,000 CAD. You…
💡Filing a Judicial Review (JR) at the Federal Court costs just $50 CAD in government fees, but hiring an immigration lawyer typically costs between $4,000 and $10,000 CAD. This is…
⚠️If a Permanent Resident receives a criminal sentence of more than six months, they generally face a serious criminality charge under Canadian law. Deportation from Canada due to criminality is…
💬The Refugee Protection Division (RPD) hearing is the most critical step in your asylum claim in Canada. You will answer detailed questions from a decision-maker about your history and fears.…
⚠️Generally, a refugee claimant cannot travel outside Canada safely. If you return to your home country, the Canadian government may apply the rule of “re-availment,” assuming you no longer need…
📄The Basis of Claim (BOC) form is the most important document in your refugee case, acting as your official written testimony to the government. Most applicants choose to carefully outline…
🚨Generally, if you or a relative are placed in immigration detention in Canada, the law guarantees regular reviews to check if release is possible. The Immigration and Refugee Board (IRB)…
💡Generally, if your refugee claim is refused, you have exactly 15 days to file a Notice of Appeal to the Refugee Appeal Division (RAD). To succeed, your appeal should clearly…
🎯 Specialization: Immigration Appeals, Business Incorporation, Workplace Investigations, Real Estate Closings
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📍 Address: Suite 707, 2 Lansing Square, Toronto, Ontario
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🎯 Specialization: Refugee Claims, Immigration Appeals, Humanitarian Applications, Detention Reviews, Federal Court Reviews
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📍 Address: 24 Bayswater Ave, Ottawa, Ontario
🏢 Est: 2005
🎯 Specialization: US Immigration Law, US Waivers, Corporate Immigration, Federal Court Appeals, TN Visas
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📍 Address: 2366 Ave C North, Saskatoon, Saskatchewan
🏢 Est: 2008
🎯 Specialization: Canadian Immigration, Family Sponsorship, Express Entry, Work Permits, Citizenship, Refugee Claims, Appeals
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📍 Address: 2430 Don Reid Dr, Ottawa, Ontario
🎯 Specialization: Refugee Claims, Federal Court Judicial Review, Spousal Sponsorship, Will Drafting
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📍 Address: 90 Burnhamthorpe Rd W #1502, Mississauga, Ontario
🎯 Specialization: US Immigration for Canadians, E-2 Investor Visas, Deportation Defense, Cross-Border Business
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📍 Address: 55 Albert St, Markham, Ontario
🏢 Est: 1995
🎯 Specialization: Express Entry, LMIA Work Permits, Spousal Sponsorship
🗣️ Languages: English, Punjabi, Vietnamese
📍 Address: 450 Hespeler Rd Suite 217, Cambridge, Ontario
🎯 Specialization: Landlord and Tenant Disputes, Refugee Claims, Traffic Tickets, Small Claims
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📍 Address: 9555 Yonge St, Richmond Hill, Ontario
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🎯 Specialization: Refugee Claims, Humanitarian Applications, Family Sponsorship, Work Permits
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⚙️ Services: Social Insurance Number, Passports, Records of Employment
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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.
