About deportation from Canada
At our office, we handle many deportation from Canada cases. The Canadian government department responsible for deportation from Canada and removals is the Canadian Border and Services Agency (CBSA). The CBSA is, among other things, in charge of protecting our borders from inadmissible persons and proceeding with removals against inadmissible persons who are already in Canada.
What can you do when facing deportation from Canada?
Depending on the reason why someone is being deported from Canada, there are a number of approaches to take to stop deportation proceedings. The usual sequence of events go as follows:
- The Person receives a letter from CBSA requesting that he or she attend an “interview” at a local Canada Immigration Enforcement office (in Toronto this is known as the Greater Toronto Enforcement Centre or GTEC). This letter usually comes after some failed hearing or application the person has made to stay or remain in Canada.
- The Person attends this interview and is advised in writing that a removal date from Canada as been set, usually around a month later.
- At this stage, the person can either prepare to “pack his bags” or fight the removal or deportation from Canada. Fighting the removal is a complicated process and should be handled by an immigration lawyer or professional.
- Generally the first step is to request that Canada Immigration defer or stop of removal from Canada. You have to have a valid reason for this request such as a pending an application for Canada permanent residence, medical or educational reasons. Just asking to delay removal will not cut it.
- In most cases, Canada Immigration will not agree to defer removal as it is their mandate to proceed with deportations for what they consider “deserving” cases.
- Assuming that the request for delay is denied, then the next step is to prepare for what is known as a Federal Court Stay. A Federal Court Stay is a motion to the Federal Court of Canada asking the court to stop the removal. There are many technicalities involved in preparing for and arguing a Stay. It involves drafting legal arguments, researching case law, and assembling supporting documentation that will be reviewed by a Judge. Further, oral arguments to a Federal Court Judge have to be made by lawyers for both sides (the client and Canada Immigration). The Federal Court judge can consider many different factors in making a decision on whether or not to grant or refuse the Stay including humanitarian and compassionate factors, harm to the person and his or her family, the reasons for inadmissibility etc.
- If the Stay is granted or approved, then the removal is stopped, usually pending an application for permanent residence, an appeal or some other application. If the Stay is denied, then the deportation proceeds according to schedule and the person is removed from Canada.
The most imporant step one can take in successfully dealing with a deportation from Canada situation is to act quickly. Once you receive a letter from Canada immigration requesting your interview, don’t sit on it. Get help right away. Canada Immigration will not wait.
Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially
What are the grounds to appeal a deportation order?
Thank you,
David
There are many grounds depending on the circumstances of the case including Humanitarian considerations, errors of law and/or fact committed by the expulsion officer etc.
Yesterday my husband received the letter for an interview at the Greater Toronto Enforcement Center and this invitation is for request of the Canadian intelligence services. Before this letter we were waiting for our court date for refugee claim. Could you please let me know if they want deport us before any court or hearing? On the bases of your experience does the government send back people to their home without any hearing or court action? If yes why they invited my husband alone? We are small family , me my husband and my child. We are worried about being sent back home if they want arrest my husband or deport us. Please let me know what should I do?
Thank you
Hello
You should retain the services of an immigration lawyer right away. The CBSA does not remove people who have a pending refugee claim but there could be some allegations of serious criminality which could affect his claim.
Hello, My friend came to Canada and claimed Refugee status and was denied. After 3 years she married a Canadian. Her hearing and Federal Court’s decision were negative, and she and her son were deported from Canada. On the deportation letter, there was a paragraph stating that she needs to obtain a letter from a visa officer if she wants to come back to Canada again. Her husband asked the immigration officers at the airport before the deportation about this. However no letter was provided. My friend went to the Canadian Embassy (in her country) and they didn’t provide such letter. Now her husband is completing the sponsorship forms. What do we do? She doesn’t have a letter letting her come back to Canada. Where do we get that letter from? Please help.
If your friend was deported from Canada, a “letter” is not what she needs. She needs a specific government document called an “Authorization to Return to Canada” or ARC. An ARC is needed for anyone deported from Canada. If your friend is being sponsored, she needs to apply for an ARC at the Canadian Embassy that has jurisdiction over her case.
Hi,
My son and I came to Canada and claimed refugee protection two and a half years ago. However, it was denied. Now I got a removal order letter from CBSA. Where should I go from here?
Dear Bliss,
The letter you received from CBSA would probably request that you attend an interview at a local Canada Immigration Enforcement office (in Toronto, this is known as the Greater Toronto Enforcement Centre). You need to attend this interview. You will also be advised in writing that a removal date has been set.
At this time, you should request that Canada Immigration defer the removal. However, you must have a valid reason for this request. If your request for delay is denied, you have to prepare for a Federal Court Stay. This process includes many technicalities such as drafting legal arguments, research case law, and collecting supporting documentation. The Federal Court judge will then consider your application and either grant or refuse the Stay.
If the Stay is granted, the removal is stopped. If denied, the deportation proceeds and you will be removed from Canada.
Since fighting the removal is a complicated process, I recommend that you get legal help from an immigration lawyer.
Hope this helps.
Hi,
My wife is Canadian. She filed a spousal sponsorship application for me. This application went up to the Federal Court of Canada, but was refused. Now I am facing deportation. Is there anything else I can do at this time? Can I send in my spousal sponsorship again with more proof?
Thank you.
Dear Naeem,
Unless you apply with a new set of facts, unfortunately, there is no further recourse after the Federal Court refused your application.
Hi,
One of my friends was interviewed by a deportation officer. She said they would send a letter stating the outcome. AFter two months, my friend received a letter requesting her to submit her passport photo. Why do they need her passport photos?
Thank you
I’m facing deportation from Canada. My lawyer filed the wrong paperwork. I was born in jamaica, however lived in the U.S. and got my green card. However I came to Canada and remained in Canada for too long. Now I have kids and my father in Canada. I’m being deported to jamaica, although I have never really lived there, have no family there. What can I do?
Hi,
I am a U.S. Citizen. My sister was just refused her refugee status in Canada. She wants to come to the U.S. now. My question is whether her immigration history in Canada will affect her entry to the U.S.
Dear Vivian,
Please note that your Canadian immigration history will not likely affect your U.S. immigration matters.
Thank you.