I am illegal and facing Deportation from Canada. How can I stop my Deportation?
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.
About Michael Niren
Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the Associate Member of the American Bar Association. Read more
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