Resisting Deportation

If you violate the criminal or immigration laws of Canada, the authorities may seek to remove you from Canada, even if you are a permanent resident and have lived here for many years. The implications for
you and your family can be very severe. If you are deported, you will lose your permanent resident status, and you will not be allowed to return to Canada without special permission from the Minister of Citizenship & Immigration, even if your family remains here. You may be arrested or detained. You may not be allowed to work pending your removal.

If you have been convicted of an offence in Canada, and you are not a Canadian citizen, you are at risk. It is important to act quickly, even before immigration proceedings are commenced. In some cases, it can be possible to convince the authorities not to commence them at all.

If you have committed offences outside Canada, or during a previous visit here, you may be inadmissible. In some cases you may be inadmissible even though you have not committed an offence at all. It is important to get legal advice if you are planning a trip.

There are many types of proceedings which may be commenced against you, or which you may yourself wish to commence, including:

  • a call-in interview, which the Canada Border Services Agency uses to gather evidence necessary to determine what sort of further action will be taken against you, if any;
  • an admissibility hearing, in which your right to enter or remain in Canada is determined, by the Immigration Division of the Immigration & Refugee Board;
  • a deportation appeal, by which the Immigration Appeal Division of the Immigration & Refugee Board may terminate or stay removal orders made against some persons;
  • a judicial review proceeding, by which you ask the Federal Court to review the legality of decisions that the immigration authorities have made against you;
  • a refugee claim, which is conducted before the Refugee Protection Division of the Immigration & Refugee Board, and can result in a finding that you are a protected person;
  • a humanitarian & compassionate application, which is filed with Citizenship & Immigration Canada, and by which the usual rules against removal may be suspended or overcome;
  • a stay of deportation which, in cases where there is no right to a deportation appeal, is issued by the Federal Court;
  • a Pre-removal Risk Assessment which, like a refugee claim can result in a finding that you are a protected person; and
  • and a criminal rehabilitation application, which is filed with Citizenship & Immigration Canada, and can result in a finding of rehabilitation that allows your re-entry to Canada.

If you are unrepresented, and deportation becomes a possibility, it can be difficult to know what to do. A lot is at stake. Did you know, for instance, that misrepresenting your situation, even mistakenly, can provide further grounds for your removal?

Before making a decision that might effect the future of you and your family for years to come, you should have legal advice. Before attending any hearing, or filing any application, you should have legal representation. Legal aid may be available.

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