Suing IRCC for Negligent Processing That Resulted in a Deportation Order

Facing a deportation order from the Canada Border Services Agency (CBSA) is a terrifying experience that tears families apart and destroys careers. In most situations, removal orders are the result of a denied refugee claim, a criminal conviction, or an expired visa. However, there are rare, nightmare scenarios where a foreign national becomes undocumented entirely due to bureaucratic incompetence by Immigration, Refugees and Citizenship Canada (IRCC). If an IRCC officer loses your paperwork, sends critical correspondence to the wrong address despite you updating it, or applies the wrong law to your file, their negligence can directly lead to a completely unjustified deportation order.

In Canada, government departments are not immune to the law. 📈 The Crown can be held liable if a federal employee breaches their duty of care, causing you severe financial and emotional harm. Suing IRCC for negligent processing is not about merely appealing a refused application; it is a civil action seeking financial compensation for the destruction of your life in Canada. Whether you are living in Halifax, Montreal, or Vancouver, these lawsuits do not fall under the exclusive jurisdiction of the Federal Court of Canada; rather, the Federal Court shares concurrent jurisdiction with provincial superior courts (such as the Superior Court of Justice in Ontario or the Supreme Court in British Columbia) for civil claims seeking damages against the federal Crown. Because the government will aggressively defend its officers, finding a highly experienced immigration litigator in our directory is the most crucial step you can take.

Step-by-Step Process in Canada

Holding the Canadian government financially accountable for a botched immigration file is a steep uphill battle. The process generally involves two separate legal actions: first proving the decision was legally unreasonable, and then suing for the resulting damages.

Step 1: Filing an Application for Leave and Judicial Review

Before you can sue for financial damages, you must usually prove that IRCC’s decision to refuse your status (which triggered the deportation) was legally flawed. Your lawyer will file an Application for Leave and Judicial Review in the Federal Court. This process asks a federal judge to quash the original refusal. If the judge agrees that IRCC breached procedural fairness or made an unreasonable error, the decision is overturned, and your file is sent back to a different officer for redetermination.

Step 2: Identifying Gross Negligence

A simple mistake by an immigration officer does not automatically give you the right to sue for cash. 🔍 Canadian law requires you to prove “gross negligence” or a complete failure to meet a standard duty of care. Your lawyer will order the Global Case Management System (GCMS) notes to prove that IRCC ignored explicit instructions, lost physical evidence, or acted in bad faith, which directly led to the CBSA issuing a removal order against you.

Step 3: Filing a Statement of Claim Against the Crown

Once the negligence is identified, your litigation lawyer will file a formal Statement of Claim in the Federal Court against the Attorney General of Canada (representing IRCC). This document outlines the exact timeline of the bureaucratic errors and clearly lists the damages you are seeking. You are now formally suing the Canadian government for negligence.

Step 4: Calculating Financial and Emotional Damages

You must prove exactly how IRCC’s negligence harmed you. 💵 If you lost your job because your work permit was wrongfully denied, you will calculate your lost wages. If you had to pay the CBSA for a flight back to your home country, or if you spent thousands on emergency legal fees to stop your deportation, those are direct financial damages. You may also seek general damages for the severe psychological distress of facing an unjust removal from Canada.

Step 5: Settlement Negotiations or Trial

The Department of Justice (DOJ) lawyers represent IRCC in court. They will often file a motion to strike your claim, arguing the government owes no private duty of care. If your lawyer defeats this motion, the DOJ may offer a financial settlement to avoid the public embarrassment of a trial. If a settlement cannot be reached, your case will proceed to a full civil trial in the Federal Court or a provincial superior court, where a judge will decide the final compensation amount.

How Much Does it Cost in Canada?

Civil litigation against the federal government is highly specialized and requires significant financial investment, though successful cases can yield large payouts.

• Federal Court Filing Fees: The filing fee for a Statement of Claim against the Crown under section 48 of the Federal Courts Act is strictly $2 CAD, while the fee for an Application for Leave and Judicial Review is $50 CAD.
• Judicial Review Legal Fees: Hiring a lawyer just to overturn the bad decision usually costs $3,500 to $7,000 CAD.
• Civil Litigation Retainer: Suing the Crown for financial damages requires a massive amount of legal work; retainers generally start between $15,000 and $30,000 CAD.
• Cost Awards: If you win, the judge may order the government to pay a portion of your legal fees. If you lose, you may be ordered to pay the government’s legal costs.

How Long Does the Process Take?

Litigating against the Crown requires immense patience. A standard Judicial Review to overturn the wrongful IRCC decision usually takes 6 to 12 months. Once the civil lawsuit for damages is filed, the process of document discovery, motions, and settlement negotiations will easily consume 2 to 4 years before you ever see the inside of a courtroom for a final trial.

Frequently Asked Questions (FAQ)

Author: lawyerinfo.ca