To stop a removal order in Canada, consider the following options:
Each option has specific eligibility criteria and procedural requirements.
Looking to stop your removal order in Canada? Your options may include legal appeals or requests for stays. Contact our immigration lawyer in Toronto today for guidance.
Yes, you can be deported from Canada for the following reasons:
Seeking advice from a Canadian immigration lawyer from our firm can help you understand your rights and explore options like a stay of removal, an appeal, or a deferral request. These steps can potentially stop or delay your removal from Canada.
Facing deportation from Canada can feel overwhelming and stressful, but you don’t have to handle it alone. Our skilled immigration lawyers from Kingwell Immigration Law Firm are here to provide the legal support and guidance you need during this critical time.
We will guide you through the difficult legal procedures if you have received a removal order or deportation letter, ensuring that every step is handled correctly and efficiently. Our team will:
Don’t wait—time is of the essence when facing deportation. For tailored advice and professional assistance, call us at 416.988.8853 or visit our contact page.
Stopping deportation in Canada involves several legal avenues, depending on your circumstances. Each option requires careful consideration and timely action. Below are the main ways to prevent or delay a removal order.
A deferral of removal is a temporary measure that pauses your deportation. You can request this from the Canada Border Services Agency (CBSA) if you have compelling reasons, such as pending applications or new evidence that could affect your case. This option is often used as an emergency measure while exploring other long-term solutions.
To request a deferral, you must demonstrate irreparable harm or exceptional circumstances, such as family separation, medical needs, or a pending humanitarian and compassionate (H&C) application. Providing well-documented evidence and legal representation improves your chances of success, but this is something we will help you with when building your case.
A stay of removal is a legal order that temporarily halts your deportation. You can file a motion for a stay with the Federal Court if you believe your removal would cause significant harm or violate procedural fairness. This motion is often filed alongside a judicial review application.
A stay is granted in cases where deportation poses a risk to life, family unity, or access to critical medical care. The court evaluates the balance of convenience, irreparable harm, and the merits of your case before granting a stay.
If eligible, you can appeal a removal or deportation order to the Immigration Appeal Division (IAD). This option is available to permanent residents, refugees, or family sponsorship applicants who meet specific criteria. Appeals must be filed within 30 days of receiving the removal order.
Grounds for appeal include:
Successful appeals can result in the removal order being canceled or the case being reconsidered.
Judicial review involves asking the Federal Court to examine the legality of the decision that led to your removal order. This option applies when you believe the decision was unfair, unreasonable, or made in error. It is not a new hearing but a review of the decision-making process.
To initiate a judicial review, we will file an application for leave and judicial review with the Federal Court within 15 days of the removal order. If accepted, the court will determine whether to uphold, quash, or return the decision for further consideration.
Humanitarian and compassionate (H&C) applications allow individuals facing removal to request permission to remain in Canada based on compelling personal circumstances. Filing an H&C application can delay deportation while it is being processed, particularly if new evidence or hardship factors arise.
H&C decisions are discretionary and consider factors such as family ties in Canada, children’s best interests, health issues, and risks in the country of origin. A well-prepared application with supporting documentation increases the likelihood of success.
A pre-removal risk assessment (PRRA) evaluates whether you face risks like persecution, torture, or inhumane treatment in your home country. This application is available to individuals who are scheduled for removal and meet specific eligibility criteria.
The PRRA process involves submitting detailed evidence, such as country conditions reports and expert statements, to demonstrate the risks you would face if deported. Approval of a PRRA can lead to a stay of removal or even permanent protection in Canada.
Wondering if you can stop the removal order in Canada? You may be given options if you show you would suffer significant harm. Our Toronto immigration lawyer will help you explore your next steps.
Canada issues three main types of removal orders that require individuals to leave the country:
These have specific compliance requirements and consequences, impacting how and when a person may return to Canada.
A departure order is issued for voluntary compliance, requiring individuals to leave Canada within 30 days. This is often used for minor immigration violations, such as overstaying a visa or breaching residency terms. To fulfill the requirements, individuals must confirm their departure with the Canada Border Services Agency (CBSA).
Failure to leave within 30 days escalates the departure order to a deportation order, which carries stricter penalties when being removed from Canada. Departure orders allow individuals the opportunity to leave without permanent bars, making compliance critical for future immigration opportunities.
An exclusion order prohibits re-entry to Canada for one year without written authorization. This order is often issued for violations such as misrepresentation or failure to meet immigration conditions. For more severe violations, such as fraudulent documents, the ban can extend to five years.
To return within the exclusion period, individuals must apply for Authorization to Return to Canada (ARC) and provide compelling reasons to justify their re-entry. Properly adhering to the terms of the exclusion order increases the chances of future immigration success.
A deportation order permanently bars an individual from returning to Canada unless they obtain special authorization. This type of removal order is reserved for serious violations, such as criminal inadmissibility, security risks, or repeat immigration violations.
To re-enter Canada after a deportation order, individuals must submit an Authorization to Return to Canada (ARC) application with strong supporting evidence. The process is rigorous, and legal representation is highly recommended to improve the likelihood of approval.
If you are facing a removal order in Canada, it is important to act quickly and take the right steps to protect your status and legal rights. Here are the steps you should follow:
Need to stop your deportation in Canada? Contact our immigration attorney in Toronto today to explore your legal options and protect your future!
If you’re facing removal from Canada or need help deferring your removal date, our experienced team at Kingwell Immigration Law is here to provide the support you need. Based in Toronto, we specialize in immigration and refugee cases, offering personalized legal strategies to protect your status and rights.
Please contact us today at 416.988.8853 or visit our Contact Us page to schedule a consultation. Take the first step toward resolving your immigration challenges is beneficial to stay in Canada.
Yes, you can return to Canada after being deported, but you must first apply for Authorization to Return to Canada (ARC). Approval is required, and success depends on the reasons for deportation and the strength of your application, including any mitigating factors or supporting evidence.
An ARC involves submitting detailed documentation explaining why you should be allowed back into Canada, addressing past violations, and demonstrating why you no longer pose a concern. Legal representation can strengthen your chances of receiving approval and returning to Canada.
When deported from Canada, you are issued a removal order and escorted out of the country. Depending on the type of removal order, you may be barred from returning permanently or for a set period unless you obtain written authorization, such as Authorization to Return to Canada (ARC).
The consequences of deportation include restrictions on re-entry, potential legal repercussions for violations, and disruption to your life plans. Seeking legal advice from our team before deportation may help explore options to delay or stop the removal order and protect your ability to return in the future.
Yes, a refugee can be deported from Canada under specific circumstances, such as committing serious crimes, posing security threats, or losing protected status. Refugee deportation often requires extensive legal justification, and affected individuals can appeal or file for a judicial review in the Federal Court.
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