Canada Border Services Agency (CBSA) is the agency in charge of removing foreign national from Canada when a removal order has been enforced.

A number of different scenarios can lead to a removal from Canada. To name a few:

• Your refugee claim was denied;
• You entered Canada as a visitor and you overstayed your status;
• Your humanitarian and compassionate application was refused;
• You are a permanent resident of Canada but you committed a crime and you lost your removal order appeal;
• Your Pre-Removal Risk Assessment application was refused;
• You were suppose to attend an interview at CBSA but failed to show up;

When CBSA starts the enforcement process, applicants will be called in for interviews and meetings with a CBSA officer to discuss the current legal status in Canada. Call-in notices are usually submitted by mail. Applicant’s who have pending immigration applications must therefore always provide their most up to date address to immigration and to CBSA as not attending a meeting might result in Canada wide warrants for arrest and of course, many complications on the immigration process.

In some cases, if you have a pending application or a serious reason to want to remain in Canada temporarily (medical reason, inability to travel, family in Canada etc.), CBSA might defer the removal. You or your lawyer can submit a written request for deferral outlining the reasons why you should be allowed to stay in Canada. If the request for deferral is denied, then a Motion for a Stay application can be filed at the Federal Court of Canada in order for a Federal Court judge to decide whether or not to stay the removal.

Foreign nationals who are removed from Canada may be allowed to re-enter Canada if visas are issued. In some cases, an Authorization to Return to Canada (ARC) may be requested if the applicant was previously removed from Canada.

Here are our useful blogs about Enforcement and Deportation