Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 5
💡Evading a transit fare in Canada, such as failing to pay on the TTC in Toronto or TransLink in Vancouver, is a municipal bylaw infraction, not a federal criminal offence.…
💡You cannot be deported simply for failing to repay a Canadian student loan or defaulting on OSAP. Financial debt is a civil matter, not an immigration offence. However, if you…
💡Generally, you can finalize a binding separation agreement while awaiting removal from Canada by the CBSA. Doing so requires urgent coordination with a local family law firm, and drafting an…
💡Repatriating a deceased family member who passed away while awaiting deportation in Canada is a complex and entirely out-of-pocket expense. The Canada Border Services Agency (CBSA) closes the file, but…
💡Under the Immigration and Refugee Protection Act (IRPA), visiting scholars can give guest lectures without a work permit for up to five days. However, accepting unauthorized paid work outside this…
📄Under most Canadian provincial laws, refugee claimants cannot apply for a legal name change while their asylum claim is pending. However, British Columbia is a notable exception: individuals with temporary…
💡While the Canadian Charter protects you from unreasonable search, refusing to provide biometrics (fingerprints or photos) to CBSA during detention will result in severe negative inferences. The Immigration Division (ID)…
💡If you face an Exclusion Order from the Canada Border Services Agency (CBSA) due to misrepresentation, your right to divide family property and seek spousal support under provincial family law…
💡Polygamy is strictly illegal in Canada. Failing to declare multiple spouses on your immigration application triggers a Section 40 Misrepresentation finding, resulting in a 5-year ban and a removal order.…
👦When an unaccompanied minor turns 18 in Canada, they lose their Designated Representative and face adult CBSA enforcement rules. Filing an initial asylum claim is free, but transitioning to adult…
💰Yes, your legal obligation to pay spousal and child support does not vanish if you are deported from Canada. If you move to a country with a Reciprocal Enforcement of…
💡In Canada, failing to pay child support is generally a civil debt and will not directly cause deportation. However, if you are criminally charged under the Criminal Code for willfully…
💡Yes. While the CBSA cannot directly revoke an LMIA, if they discover undocumented workers at your business, Employment and Social Development Canada (ESDC) can immediately launch a compliance audit and…
💡If a temporary foreign worker is arrested by the CBSA and held in long-term immigration detention, employers can generally terminate the relationship under the doctrine of “frustration of contract.” This…
💡To reinstate a withdrawn claim or reopen an abandoned refugee claim in Canada, you face extremely strict rules. Under the RPD Rules, a withdrawn claim can be reinstated under Rule…
💡If you receive a Notice of Intent to Revoke your Canadian citizenship, you have 60 days to submit written representations. Unless you request the Minister to decide your case, the…
🛡Under Canadian law, selling sexual services is not a criminal offence, but undocumented sex workers still face severe deportation risks under the Immigration and Refugee Protection Act (IRPA). If you…
💡In Canada, receiving a standard provincial traffic ticket does not automatically trigger deportation by the Canada Border Services Agency (CBSA). However, if you ignore a serious traffic summons and a…
💡Applying for Legal Aid to fight a citizenship revocation due to asylum fraud requires passing strict financial and legal merit tests. Because the Federal Court process is incredibly complex and…
💡Filing a Temporary Resident Permit (TRP) does not automatically stop your deportation from Canada. While standard TRP processing takes 3 to 6 months, an imminent removal date requires your lawyer…
💡Filing your T1 tax return with the CRA as a refugee claimant or undocumented worker is a critical step for your future. The CRA does not routinely share basic tax…
🎯 Specialization: LMIA Applications, Family Sponsorship, Study Permits, Permanent Residency
🗣️ Languages: English
📍 Address: 155 Frobisher Dr, Waterloo, Ontario
✨ Free Consultation
🎯 Specialization: Refugee Claims, Spousal Sponsorship, Divorce, Wills and Estates
🗣️ Languages: English, Punjabi, Hindi
📍 Address: 5455 152 St, Surrey, British Columbia
🏢 Est: 2015
✨ Free Consultation
🎯 Specialization: Criminal Defence, Immigration Appeals, Family Mediation, Business Litigation
🗣️ Languages: English, Punjabi, Hindi, Urdu
📍 Address: 373 Steeles Ave W, Brampton, Ontario
🏢 Est: 2000
🎯 Specialization: Refugee Claims, Student Visas, Spousal Sponsorship, Provincial Nominee Programs, Visitor Visas
🗣️ Languages: English, Punjabi, Hindi
📍 Address: 2250 Bovaird Dr E #313, Brampton, Ontario
🏢 Est: 2016
🎯 Specialization: Spousal Sponsorship, Express Entry, Study Visas
🗣️ Languages: English, Punjabi
📍 Address: Unit 304, 6678 152 St, Surrey, British Columbia
🏢 Est: 2016
🎯 Specialization: Start-Up Visa, LMIA Applications, Spousal Sponsorship, Citizenship Applications
🗣️ Languages: English
📍 Address: 4551 Zimmerman Ave, Niagara Falls, Ontario
🎯 Specialization: Refugee Claims, Federal Court Judicial Review, Spousal Sponsorship, Deportation Defence
🗣️ Languages: English, Punjabi, Hindi, Urdu
📍 Address: 7404 King George Blvd, Surrey, British Columbia
🎯 Specialization: Medical Inadmissibility, Immigration Appeals, Criminal Rehabilitation, Deportation Defence, Federal Court Litigation
🗣️ Languages: English, French
📍 Address: 20 Eglinton Ave W #1402, Toronto, Ontario
🏢 Est: 2000
✨ Free Consultation
🎯 Specialization: Federal Court Litigation, Deportation Defence, Inadmissibility, Spousal Sponsorship, Refugee Appeals
🗣️ Languages: English, French
📍 Address: 181 University Ave Suite 2200, Toronto, Ontario
🏢 Est: 2019
🎯 Specialization: US Entry Waivers, E-2 Investor Visas, Cross-Border Immigration, Inadmissibility
🗣️ Languages: English
📍 Address: 1 Rideau St Suite #700, Ottawa, Ontario
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passports, CPP Records, EI Records, OAS Records
📍 920 2 Avenue a N Unit 101, Lethbridge, Alberta
📅 Appt. Recommended
📍 1235 Rue Douglas, Saint-Jean-sur-Richelieu, Quebec
📅 Appt. Recommended
⚙️ Services: Secure Certificate of Indian Status, Treaty Annuity Payments, Estate Services
📍 10 Rue Wellington, Gatineau, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Record of Employment, CPP Statement of Contributions,…
📍 219 George St N, Peterborough, Ontario
⚙️ Services: Refugee Decisions, Immigration Records
📍 300 W Georgia St #1600, Vancouver, British Columbia
⚙️ Services: Export Certificates, Import Permits, Movement Certificates
📍 709 Main St W, Hamilton, Ontario
📅 Appt. Recommended
⚙️ Services: Canadian Passport, Travel Document, Social Insurance Number
📍 377 Burnhamthorpe Rd E, Mississauga, Ontario
📅 Appt. Recommended
⚙️ Services: SIN Records, CPP Documents, OAS Records, EI Benefit Statements
📍 2110 Hamilton St, Regina, Saskatchewan
📅 Appt. Recommended
⚙️ Services: Fishing Licenses, Tax Compliance, Federal Identification
📍 80 Water St, St. John's, Newfoundland and Labrador
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canada Pension Plan Records, Old Age Security Records, Employment…
📍 620 Royal Ave floor: 2, New Westminster, 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.
