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Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 4
🚨In Canada, standard trespassing is a provincial offence (like a traffic ticket), not a federal crime. Because it does not fall under the Criminal Code of Canada, a simple trespassing…
💡If you receive a deportation order, you generally lose your Canadian residency status, which directly affects your legal ability to serve as a corporate director under certain federal laws. The…
💡There is no strict statutory waiting period to sponsor a spouse after surviving a deportation proceeding in Canada. However, because you have a history of a Section 44 inadmissibility report,…
💰Failing to declare expensive goods or carrying more than $10,000 CAD across the Canadian border can lead to severe penalties under the Customs Act. If the Canada Border Services Agency…
💡Securing a formal provincial court order for “decision-making responsibility” and “parenting time” (formerly known as child custody) can significantly strengthen a Humanitarian and Compassionate (H&C) application. Under Canadian law, IRCC…
💡To claim refugee protection in Canada as an Indigenous person fleeing paramilitary extortion, you must prove the extortion is tied to your ethnicity, political opinion, or land rights. You apply…
💡Generally, being deported from Canada does not void your right to receive a life insurance payout. However, transferring the funds internationally requires navigating strict anti-money laundering laws and potential CRA…
💡Generally, being deported from Canada does not force you to sell your real estate. You can continue to own your Canadian property from abroad, but the CRA will classify you…
💡Forced sterilization and state-mandated abortions are recognized as severe forms of gender-based persecution by the Immigration and Refugee Board of Canada (IRB). To win a refugee claim on these grounds,…
💡If you are a temporary foreign worker in Canada experiencing abuse, you may be eligible for the Open Work Permit for Vulnerable Workers. This program allows you to legally leave…
💡While a Canadian labour union does not have the legal authority to cancel a Canada Border Services Agency (CBSA) removal order, they can provide massive support to stop a deportation.…
💡If a crucial corporate executive is facing deportation from Canada due to criminal inadmissibility (like a past impaired driving charge), the company can sponsor them for a Temporary Resident Permit…
💡If you survived state-sponsored kidnapping and extortion, you may qualify for refugee protection in Canada. You must prove to the IRB that the crime was not generalized wealth-targeting, but rather…
💡For LGBTQ+ refugee claimants in Canada, the IRB frequently tests if an Internal Flight Alternative (IFA) exists-asking if you could simply move to another city in your home country to…
🚨Participating in illegal street racing usually leads to a Dangerous Operation of a Motor Vehicle charge under the Criminal Code. Because this offence carries a maximum penalty of 10 years…
🚨Breaching a court-ordered Peace Bond under Section 811 of the Criminal Code is a hybrid offence in Canada. For foreign nationals, this hybrid status triggers ordinary criminality under Section 36(2)…
📣While the Canadian Charter of Rights and Freedoms strongly protects peaceful assembly, participating in violent or unauthorized protests can lead to criminal charges like mischief or rioting. For foreign nationals,…
💡If you receive a 1-year Exclusion Order from Canada, waiting exactly 12 months does not always mean you can instantly return. If you did not obtain a Certificate of Departure,…
💡If your Pre-Removal Risk Assessment (PRRA) is severely delayed by IRCC, filing a Federal Court Mandamus application is the ultimate tool to force a decision. The litigation timeline typically takes…
💡In Canada, provincial employment standards protect all workers, regardless of their immigration status. If an employer fires you, they are legally required to pay your unpaid wages and severance. They…
🚨Using a fake ID may seem like a minor mistake, but in Canada, it can lead to criminal charges like uttering forged documents or identity fraud. For international students, these…
🎯 Specialization: Crimmigration, Extradition Defence, Refugee Appeals
🗣️ Languages: English
📍 Address: 207 W Hastings St suite 905, Vancouver, British Columbia
🏢 Est: 2018
🎯 Specialization: Refugee Claims, Judicial Review, Deportation Defence
🗣️ Languages: English, French
📍 Address: 103 Church St, Toronto, Ontario
🏢 Est: 2014
🎯 Specialization: Express Entry, Provincial Nominee Programs, Study Permits
🗣️ Languages: English, Arabic
📍 Address: 2010 Winston Park Dr, Oakville, Ontario
✨ Free Consultation
🎯 Specialization: Child Protection, Refugee Claims, Legal Aid, Custody Disputes
🗣️ Languages: English
📍 Address: 50 Dunlop St E Unit 220G, Barrie, Ontario
🎯 Specialization: Spousal Sponsorship, Citizenship Applications, Work Permits, Visitor Visas
🗣️ Languages: English, Arabic
📍 Address: 69 Main St E, Milton, Ontario
🎯 Specialization: Express Entry, Spousal Sponsorship, LMIA Applications, Study Visas, PNP
🗣️ Languages: English, Hindi, Punjabi
📍 Address: 60 Lacoste Blvd unit # 205, Brampton, Ontario
🏢 Est: 2015
🎯 Specialization: Immigration Law, Permanent Residency, Business Immigration, Family Sponsorship, Judicial Reviews
🗣️ Languages: English
📍 Address: 931 Fort St, Victoria, British Columbia
🎯 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: Criminal Defence, Immigration Law, Real Estate Transactions, Civil Litigation, Refugee Claims
🗣️ Languages: English, Punjabi, Hindi, Urdu
📍 Address: 55 Ontario St S, Milton, Ontario
✨ Free Consultation
🎯 Specialization: Immigration Appeals, Refugee Claims, Spousal Sponsorship
🗣️ Languages: English
📍 Address: 398 McDonnel St, Peterborough, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Employment Insurance, Canada Pension Plan
📍 9700 Jasper Ave, Edmonton, Alberta
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport
📍 520 Seymour St, Kamloops, British Columbia
📅 Appt. Recommended
⚙️ Services: Social Insurance Numbers, Canadian Passports (Standard), Access Codes
📍 48 Owen St Floor 1 Suite 301, Barrie, Ontario
🚶 Walk-ins Welcome
⚙️ Services: Citizenship Testing, Immigration Interviews, Permanent Residency Processing
📍 3085 Glen Erin Dr, Mississauga, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canada Pension Plan, Old Age Security, Employment Insurance Records,…
📍 101 22nd St E, Saskatoon, Saskatchewan
⚙️ Services: Complaint Review, Systemic Investigations, Taxpayer Rights, Public Outreach
📍 171 Slater St #1000, Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport
📍 1041 Boulevard des Laurentides, Laval, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport
📍 35 Beresford Dr, Richmond Hill, Ontario
⚙️ Services: Military ID, Security Clearance, Police Reports, Incident Verification
📍 145 Churchill Ave, St. John's, Newfoundland and Labrador
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passports
📍 3179 Jacklin Rd, Victoria, British Columbia
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.