If you crossed into Canada irregularly before the Safe Third Country Agreement (STCA) expansion, you are generally still entitled to a Refugee Protection Division (RPD) hearing. However, if your claim is refused, the conditional removal order issued at the start of your claim automatically comes into force, requiring an immediate legal defence to halt deportation.
For years, thousands of asylum seekers entered Canada through unofficial entry points like Roxham Road in Quebec. Following the expansion of the Safe Third Country Agreement (STCA) across the entire border, this pathway was effectively shut down. However, the legal aftermath continues for the thousands of irregular border crossers facing deportation in Canada whose claims are still stuck in the backlog.
Navigating the Canadian immigration system after an irregular entry is incredibly complex. ⚖️ Whether you are now settled in Montreal, Toronto, or Vancouver, the federal government requires you to prove your need for protection at a formal tribunal. This guide outlines the specific legal hurdles for asylum seekers awaiting their day in court and how to defend against CBSA removal efforts.
Step-by-Step Process for Defending Your Claim in Canada
The Immigration and Refugee Board (IRB) operates independently from IRCC and CBSA. Defending your right to stay requires meticulous preparation for your Refugee Protection Division (RPD) hearing. Here are the steps an asylum seeker generally must follow.
Step 1: Updating Your Basis of Claim (BOC) Form
Because many Roxham Road crossers have waited years for a hearing, your original Basis of Claim (BOC) form may be outdated. 🗒 You must work with an immigration lawyer to amend your BOC, adding new evidence about changing country conditions or your life in Canada before your scheduled RPD date.
Step 2: Attending the RPD Hearing
Your RPD hearing is the most critical moment of your journey. The tribunal member will question you extensively about your irregular entry, your identity, and your fear of persecution. If you used a smuggler or false documents to reach the border, you must explain this transparently, as credibility is the deciding factor in most cases.
Step 3: Filing a RAD Appeal if Refused
If the RPD denies your claim, the conditional removal order issued at the start of your claim automatically comes into force. 🚫 To pause this deportation, your lawyer must immediately file an appeal to the Refugee Appeal Division (RAD) within 15 days of receiving the negative written reasons. Filing this appeal generally provides an automatic stay of removal.
Step 4: Pursuing a Pre-Removal Risk Assessment (PRRA)
If your RAD appeal fails, you may eventually be offered a Pre-Removal Risk Assessment (PRRA) by CBSA before they enforce deportation. This is a final opportunity to present entirely new evidence proving that sending you back to your home country would put your life in immediate danger.
Step 5: Applying for Judicial Review at the Federal Court
If all administrative appeals are exhausted, your final legal defence is seeking a Leave and Judicial Review at the Federal Court of Canada. 📖 You can also file a motion for a judicial stay of removal, asking a federal judge to urgently halt your deportation flight while they review the legality of the IRB’s decision.
How Much Does Deportation Defence Cost in Canada?
Hiring a refugee lawyer to fight deportation is a significant financial investment. 💵 Legal Aid Ontario or Legal Aid Quebec may cover these costs if you qualify financially, but if you hire privately as of May 2026, here are the estimated fees in CAD.
| Legal Service | Estimated Cost (CAD) | Details |
|---|---|---|
| RPD Hearing Representation | $3,500 – $6,000 | Includes BOC amendments, evidence gathering, and hearing attendance. |
| Refugee Appeal Division (RAD) | $4,000 – $7,000 | Drafting complex legal memorandums pointing out the RPD’s factual errors. |
| Federal Court Stay of Removal | $5,000 – $10,000+ | Urgent, high-stakes federal litigation to stop an imminent deportation flight. |
How Long Does the Process Take?
The backlog for irregular border crossers is substantial. Currently, waiting for an initial RPD hearing can take anywhere from 18 to 36 months. If you are forced to appeal to the RAD, add another 6 to 12 months. During this waiting period, asylum seekers generally maintain their open work permits and access to interim federal health care.
Frequently Asked Questions (FAQ)
Does the STCA expansion affect my pending claim?
Generally, no. If you crossed irregularly and your refugee claim was deemed eligible and referred to the IRB before the STCA rules were expanded, the new rules do not apply retroactively to your pending RPD hearing.
Can CBSA detain me before my hearing?
Yes, but it is rare for pending claimants who follow the rules. CBSA typically only detains asylum seekers if they believe you are a flight risk (failing to report to appointments), a danger to the public, or if your identity remains unverified.
Can I apply for Permanent Residency while waiting?
In most cases, you cannot apply for standard economic PR pathways while holding an active refugee claim. However, you may apply for PR on Humanitarian and Compassionate (H&C) grounds, though this does not stop CBSA from enforcing a removal order.
What happens if I simply don’t show up for deportation?
Failing to report for a scheduled removal is a serious offence in Canada. CBSA will issue a Canada-wide warrant for your arrest, your work permit will be cancelled, and you will likely be detained in an Immigration Holding Centre once apprehended.
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