Enforcement and Deportation

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 supposed to attend an interview at CBSA but failed to show up;
• Etc.

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.