Canadian Border Service Agency (CBSA) has the authority of detaining non-Canadians entering Canada or those living in Canada as permanent residents on suspicion or complaint against their activities.
If a CBSA inquiry deems an individual a threat to the security of the nation or an individual, or if an individual has committed a serious crime or a human rights violation, he/she will be detained. These individuals receive will receive their removal order or deportation orders giving them a specific period to leave Canada.
The various reasons why an individual can receive a removal /deportation order from Canada.
- On a denied refugee claim
- On being denied humanitarian and Compassionate Application
- On a criminal inadmissibility finding
- On refusal of Pre-Removal Risk Assessment (PRRA)
- If you have overstayed during on a Visitor Visa, Work Permit or Study Permit
- On failing to appear for a scheduled interview with CBSA
The CBSA will schedule an interview or a hearing when it begins its process of enforcement. The individual will be given an opportunity to represent himself/herself before the government lawyer. Since call-in notices are the usual way in which CBSA communicates about its hearing schedule, it is very important to keep your applications updated with your present home address.
If the person, during the interview, is found admissible in Canada, the person can continue to remain in Canada, or to enter Canada. Detained people, found not guilty, will also be released on coming out clean.
However, in case the person is declared inadmissible to Canada, the person will receive a removal order. An applicant can make an appeal against the removal order which needs to be done within 30 days starting from the day the removal order was received. A case will be submitted by the Minister or the Immigration Division within 45 days from the day the appeal was made. In a formal hearing, there will be a proper review of the appeal to examine if the appeal should be accepted or denied. Once the appeal is permitted, the applicant’s removal order will be repealed and the applicant can stay in Canada. However, if the appeal meets with stay order, the removal order goes on hold on a temporary basis and the applicant can continue to stay in Canada under certain terms and conditions. The appeal will then be re-evaluated by the IAD around the end of this period to check if the appeal must be accepted or denied. If the appeal is denied again, the person will have to leave Canada.
In cases where an individual has a genuine reason to stay back temporarily for some time, CBSA can delay the removal. The applicant needs to have a sound reason for this kind of arrangement. Mostly, this is done in cases where people are undertaking medical treatment, or have exams, or have a dropped semester to complete, etc. The reasons could be anything but they need to be genuine and appropriately proven.
If the request for deferral is rejected, the applicant can submit an application for stay orders to the Federal Court of Canada. The case will go to the Federal Court for further review. This is where we come into the picture as leading immigration attorneys in Canada.