Facing Deportation from Canada? Here Are Your Options.
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.
Reasons For Deportation
Probably the most overarching reason for deportation is being in a country illegally. Whether an individual entered initially as an inadmissible person or entered legally on a temporary visa but overstayed, they may be subject to a later deportation. Some of the most common reasons for inadmissibility are criminality, health issues, security issues, financial concerns, or misrepresentation. If you entered Canada illegally as an inadmissible person, you may be subject to deportation.
There are also people who enter Canada legally, for reasons such as work or study, who end up overstaying their visas and staying in the country illegally. For example, a student who came to Canada on a student visa and stayed to work in Canada permanently without obtaining a work or extension visa of some kind, would be working illegally in the Canada. This is why one of the most important ways to prevent deportation is to stay up to date on visas and visa renewals, and ensure you are legally in Canada.
How Can You Stop a Deportation Order in 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 potential deportee 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 deportee 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 their bags” or fight the removal or deportation order from Canada. Fighting the removal is a complicated process and should be handled by an immigration lawyer or professional.
Fighting a Removal Order
- 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 application for Canadian permanent residence, medical or educational reasons. Just asking to delay removal alone will not be sufficient.
- 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 important step one can take in successfully dealing with a deportation from Canada is to act quickly. Once you receive a letter from Canada immigration requesting your interview, do not delay. Get help right away. Canada Immigration will not wait.
Why Hire Us in a Deportation Case
Here at VisaPlace we have years of experience in dealing with cases like these. As we mentioned, it can be a very difficult process and one you should not go at alone. We will use our expertise to give you the best chances of success in a deportation case, helping to determine your best options. Fill out our online assessment today to find out if we can help you!
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