Find a Lawyer » Canada Legal Guides » Immigration & Visas Canada » Refugee & Deportation Defence Canada » Page 8
💡If you face deportation to a country where HIV/AIDS treatment is unavailable or highly stigmatized, you may apply for Permanent Residence on Humanitarian and Compassionate (H&C) grounds. To succeed, your…
💡If an interpreter makes critical mistakes during your Refugee Protection Division (RPD) hearing, you must object immediately. If your claim is rejected due to these errors, you can appeal to…
💡Developing a severe mental illness like schizophrenia while temporarily in Canada can trigger a Section 38 “excessive demand” finding by IRCC, potentially blocking your permanent residence and leading to deportation.…
👮Under Article 1F(b) of the United Nations Refugee Convention, Canada can exclude you from claiming asylum if there are serious reasons for considering you committed a “serious non-political crime” outside…
💡If a Permanent Resident is convicted of a firearms offence in Canada and receives a sentence of at least six months, they automatically lose their right to appeal their deportation…
💡If you apply for a Pre-Removal Risk Assessment (PRRA) in Canada, you do not need to submit foreign police clearance certificates (PCCs) with your initial application. Once your PRRA is…
💡Under the Canadian Citizenship Act, any child born on Canadian soil automatically becomes a Canadian citizen, even if the parents are tourists, students, or have a Permanent Residence (PR) application…
💡In Canada, shoplifting (Theft Under $5000) is a hybrid offence, which immigration law automatically treats as an indictable offence. For temporary residents and international students, a single conviction can trigger…
💡If you fail to leave Canada and confirm your exit with the CBSA within 30 days of receiving a Departure Order, it automatically transforms into a Deportation Order. A Deportation…
💡Executing a voluntary departure at a Canadian Port of Entry usually takes between 1 to 4 hours on the day of your flight. You must present yourself to a Canada…
💡Submitting a forged IELTS or CELPIP language test-or using a proxy test-taker-is considered severe misrepresentation under Section 40 of the IRPA. If caught, you will face an immediate 5-year ban…
💡The automatic reviews of your detention conditions (held at 48 hours, 7 days, and every 30 days) stop immediately once you are released under the Alternatives to Detention (ATD) program.…
💡Fighting deportation due to corporate tax evasion in Canada requires a complex dual-defence strategy. You will typically need a tax lawyer to handle the CRA charges and an immigration lawyer…
💡Under Canada’s immigration laws, simple drug possession is considered standard criminality and generally cannot result in a Permanent Resident losing their status unless they receive a prison sentence of more…
💡If you are a Permanent Resident convicted of Assault Causing Bodily Harm in Canada and receive a jail sentence of six months or more, you lose your right to appeal…
💡Yes, cybercrime convictions can lead to immediate deportation. Under Canadian law, offences like unauthorized use of a computer or significant cryptocurrency fraud are often punishable by up to 10 years…
💡Employing a foreign national whose visa has expired and who lacks legal “maintained status” violates the Immigration and Refugee Protection Act (IRPA). Even if a former employee is waiting for…
💡The Francophone Mobility Program allows skilled French speakers to work in Canada. However, if your Permanent Residency (PR) or work permit extension is refused, you immediately lose your legal status.…
⚠If the Canadian government pays for your deportation flight, it is not free. Under the Immigration and Refugee Protection Act (IRPA), you legally owe that money to the Crown. While…
💡Hiring a private investigator to gather evidence for a sur place refugee claim in Canada generally costs between $1,500 and $5,000 CAD. Proving that your home government is actively monitoring…
📂After a Federal Court grants a stay of removal, the CBSA will not return your original physical passport, as the deportation order remains technically active. Instead, the passport is kept…
🎯 Specialization: Permanent Residency, Spousal Sponsorship, Work Permits, Real Estate Closing
🗣️ Languages: English, Hindi, Punjabi, Urdu
📍 Address: 275 Gardenbrooke Trail Unit 201, Brampton, Ontario
🏢 Est: 2015
🎯 Specialization: Immigration Law, Refugee Claims, Family Sponsorship, Real Estate Transactions, Citizenship Applications
🗣️ Languages: English, Spanish, Arabic, Mandarin, Cantonese, Hindi, Punjabi, Urdu
📍 Address: 145 Wharncliffe Rd S, London, Ontario
🏢 Est: 2020
🎯 Specialization: Spousal Sponsorship, Refugee Claims, Express Entry, Citizenship Applications
🗣️ Languages: English, Vietnamese, Spanish
📍 Address: 4190 Lougheed Hwy, Burnaby, British Columbia
🏢 Est: 1985
🎯 Specialization: International Recruitment, LMIA (EIMT), Work Permits, Permanent Residence (PEQ)
🗣️ Languages: French, English, Spanish
📍 Address: 1280 Bd Lebourgneuf, Québec City, Quebec
🎯 Specialization: Refugee Claims, Pre-Removal Risk Assessments, Humanitarian and Compassionate Applications, Federal Court Appeals
🗣️ Languages: English, Ukrainian, Spanish, Farsi
📍 Address: 1055 W Georgia St, Vancouver, British Columbia
🎯 Specialization: Permanent Residence, Family Sponsorship, Citizenship Applications, Work Permits, Inadmissibility Hearings
🗣️ Languages: English
📍 Address: 5475 Spring Garden Rd, Halifax, Nova Scotia
🏢 Est: 2004
✨ Free Consultation
🎯 Specialization: Long Term Disability Denials, CPP Disability Appeals, Slip and Fall
🗣️ Languages: English
📍 Address: 114 Giles Blvd W, Windsor, Ontario
🎯 Specialization: LMIA Applications, Student Visas, Super Visas
🗣️ Languages: English, Punjabi, Hindi
📍 Address: 980 Fraser Dr, Burlington, Ontario
🎯 Specialization: Business Immigration, Refugee Appeals, Inadmissibility, Family Sponsorship
🗣️ Languages: English, Arabic
📍 Address: 530 Kenaston Blvd, Winnipeg, Manitoba
🏢 Est: 2012
🎯 Specialization: US Immigration, Canadian Immigration, E-2 Visas, TN Visas, Spousal Sponsorship
🗣️ Languages: English
📍 Address: 293 1 Ave Unit #2, Kamloops, British Columbia
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Passports
📍 471 Queensway, Kelowna, British Columbia
📅 Appt. Recommended
⚙️ Services: SIN Records, EI Records, CPP Records
📍 5611 Cooney Rd. Suite 350, Richmond, British Columbia
⚙️ Services: Community Corrections, Parole Supervision, Offender Reintegration
📍 704 4 Ave S, Lethbridge, Alberta
📅 Appt. Recommended
⚙️ Services: Canadian Passport (Standard), Social Insurance Number, Record of Employment
📍 19 Lisgar St, Greater Sudbury, Ontario
📅 Appt. Recommended
⚙️ Services: Passport Services, Social Insurance Number, Employment Insurance, Canada Pension Plan, Biometrics
📍 700 Queenston Rd, Hamilton, Ontario
⚙️ Services: Corporate Tax Audits, Payroll Compliance, GST/HST Rulings, Notice of Objection, Voluntary Disclosure
📍 3400 Avenue Jean-Béraud, Laval, Quebec
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Employment Insurance, Canada Pension Plan
📍 9700 Jasper Ave, Edmonton, Alberta
📅 Appt. Recommended
⚙️ Services: Canadian Passports, Travel Documents, SIN Records, CPP Benefit Statements, EI Records
📍 100 Hebron Wy, St. John's, Newfoundland and Labrador
📅 Appt. Recommended
⚙️ Services: Court Records, Judgments, Orders, Writs
📍 2425 Victoria Ave, Regina, Saskatchewan
📅 Appt. Recommended
⚙️ Services: Social Insurance Number, Canadian Passport, Record of Employment, CPP Statement of Contributions,…
📍 219 George St N, Peterborough, Ontario
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.
