Deportation Lawyer in Toronto | Removal Order Defence

Overview

When a removal order arrives, time works against you. At Kingwell Immigration Law, Daniel Kingwell — an LSO Certified Specialist in Citizenship and Immigration Law with over 20 years of experience in Federal Court litigation and enforcement — is the deportation lawyer who Toronto residents call when the situation is urgent.

 

Whether you are a permanent resident, refugee, or foreign national, a removal order does not have to be final. With the right legal strategy, it may be possible to appeal, challenge, or delay your removal.

 

We represent clients at the Federal Court, Immigration Appeal Division, and all divisions of the Immigration and Refugee Board.

 

If you are facing deportation, contact us immediately; the sooner you act, the more options remain open to you.

Why Choose Kingwell Immigration Law as Your Canada Deportation Lawyer?

At Kingwell Immigration Law, we are committed to providing strong, effective, and personalized legal representation for individuals facing Canada deportation.

What Sets Our Deportation Practice Apart.

Daniel Kingwell holds the highest designation the Law Society of Ontario grants in immigration law, reflecting over 20 years of demonstrated involvement, special education, and practical experience in this field.

Only lawyers, not immigration consultants, can represent clients at the Federal Court of Canada.

 

We have successfully argued judicial reviews and stay applications at the Federal Court, and we bring that litigation experience to every deportation case we take on.

Extensive experience representing clients before the Immigration Appeal Division (IAD).

Every case is unique, and we develop tailored legal strategies to maximize your chances of staying in Canada.

We understand the stress of deportation and work closely with our clients to fight for their rights and future.

Client Testimonials

“You couldn’t ask for a better team. Communications were highly responsive, and they were committed to being sure all our questions were answered. We had a very smooth experience, due largely to Christian and Christie’s diligence and professionalism.”

Jason and Christina

“Excellent Immigration Lawyer
I had an excellent experience with Kingwell Immigration Law office during my H&C immigration case in Canada. The lawyer was always available, supportive, and professional, and treated me more like a friend than just a client. All my questions were answered clearly, and the entire process was handled smoothly. I highly recommend their services.
Thank you again for all your hard work.”

Monir Morcos

“Christian Julien is a pleasure to work with! He helped with my immigration appeal and successfully won the case! He is very helpful and works above and beyond expectations. Very professional and very amazing at what he does. Thank you for a swift experience!!”

Chung Shin Jim

I reached out to Kingwell Immigration Law after receiving a Procedural Fairness Letter (PFL). Christian Julien and Christie were assigned to my case, and both did an outstanding job. Christian went above and beyond to clearly explain my situation and guide me through every step of the process. I always felt supported and truly listened to, as he addressed each and every concern and question I had.  Despite extremely short notice, Christian and Christie prepared and submitted a comprehensive response to my PFL amounting to hundreds of pages. As a result, my eTA remains approved. I am incredibly grateful for their dedication, professionalism, and unwavering support.

Anna Zheng

Exceptional & Empathetic Legal Support!
I’m incredibly grateful to Daniel Kingwell, Christie Chan, and the entire team at Kingwell, for their exceptional support and expertise. Their expertise, empathy, and prompt responses made a challenging process much easier. It was a pleasure working with such a knowledgeable and very supportive team—I highly recommend them! Diana L

Rogi Kale

Who Needs a Deportation Lawyer in Toronto?

Our Canada deportation lawyer will help individuals facing removal from Canada due to legal, immigration, or humanitarian concerns. If you are at risk of deportation, seeking legal help immediately can improve your chances of staying in Canada.

Who Needs Us.

You may be at risk of deportation due to criminal charges, failure to meet residency obligations, or misrepresentation in your immigration application.

If you have overstayed your visa, violated immigration conditions, or entered Canada without proper documentation, you may need legal representation to challenge your removal order.

If your refugee claim has been rejected, you may need to appeal to the Refugee Appeal Division (RAD) or apply for a Pre-Removal Risk Assessment (PRRA) to stay in Canada.

If you have been convicted of a crime in Canada, you may need to apply for Criminal Rehabilitation or Ministerial Relief to avoid removal.

If you have strong family ties in Canada, a medical condition, or other exceptional circumstances, you may be eligible to apply for H&C relief to prevent deportation.

If you have been removed from Canada and want to return, you may need to apply for an Authorization to Return to Canada (ARC).

What Actually Makes a Deferral of Removal Succeed

Not every removal deferral request will succeed, and working with someone who can assess that honestly before you apply matters. At Kingwell Immigration Law, Daniel Kingwell’s approach is to look for two primary factors:

  1. Children who are settled in Canada and enrolled in school
  2. Physical risk in the home country that has not been properly assessed through the immigration system

 

What courts have consistently held is that separation from a spouse, family members, or community is, on its own, not enough. As difficult as that is to hear, it is the reality: courts treat this as the normal result of removal. Lengthy processing time — where an application has been outstanding for close to a year or more — can be raised, but irreparable harm still needs to be demonstrated alongside it.

The conversation about deferral is one to have early. The window between when CBSA books a removal date and when the flight is scheduled is typically two to six weeks — and the deferral request, and any Federal Court stay application that follows, must be completed within that window.

Client Success Stories

Past Cases.
After appealing to the Federal Court, PRRA applicants from Israel reconsidered.

Pre-Removal Risk Assessment applicants from Israel. The applicants claimed to be at risk as an Arab-Israeli LGBT couple. IRCC rejected their PRRA application. We successfully appealed the decision to the Federal Court on the basis that the officer had refused to consider a news report of an “honour killing” in their family. The Court ordered IRCC to reconsider the application.

Musa v Minister of Citizenship and Immigration (2012 FC 298)

A study permit applicant from Iran has application reconsidered by IRCC after an appeal to the Federal Court.

Study permit applicant from Iran. IRCC rejected her application finding that her study plan was not logical in light of her education history. We successfully appealed to the Federal Court, arguing that the reasons were insufficient to justify the decision, and the application was sent back to IRCC for reconsideration.

M.M. v Minister of Citizenship and Immigration (2022 FC 1098)

Refugee Protection Division ordered to redetermine refugee claim from Albania because of wrongful criminal conviction.

Refugee claimant from Albania. For a decade, he fought his case with the Minister at the Refugee Protection Division, who argued that he should be excluded from protection because of a criminal conviction. We successfully appealed the decision to the Federal Court on the basis that he was wrongfully convicted in his absence, and the RPD was ordered to redetermine his claim.

Doresi v Minister of Public Safety and Emergency Preparedness (2022 FC 1300)

Study Permit application from Albania reconsidered by IRCC after appeals to the Federal Court.

Citizen from Albania applying for a study permit. IRCC rejected it, stating that her study plan was not reasonable given her education history. She requested reconsideration which IRCC also rejected. We appealed both decisions to the Federal Court and overturned the rejection, the Court agreeing that the officer had ignored her explanation that the course of studies was more specialized than her previous education and necessary for her career advancement. IRCC was required to reconsider her study permit application.

D.G. v Minister of Citizenship and Immigration (2021 FC 1468)

Conjugal partner PR application rejected by IAD returned to IRCC for processing after appeal to the Federal Court.

Overseas sponsorship of conjugal partner from Saudi Arabia. IRCC refused the application on the basis that they did not meet the requirements of conjugal partnership, and the Immigration Appeal Division rejected their appeal. We represented them on appeal to the Federal Court, and the judge overturned the decision, agreeing that the officer and IAD had improperly considered their individual and relationship histories. Their PR application was returned to IRCC for processing.

A.H. v Minister of Citizenship and Immigration (2020 FC 530)

Legal Consequences of Deportation in Ontario

A deportation order carries serious legal consequences, which may include:

Consequences We Help You Avoid.

Depending on the type of removal order, individuals may be barred from returning to Canada for one year, multiple years, or permanently.

Those deported due to criminal activity, misrepresentation, or security concerns may be permanently barred from re-entering Canada unless granted special permission.

Deportation can separate families and cause individuals to lose their work, study, or residency status in Canada.

If you are in any of these situations, time is critical. Contact Kingwell Immigration Law today to discuss your options and fight for your right to stay in Canada.

Types of Removal Orders & Legal Consequences

When a person is ordered to leave Canada, they receive one of three removal orders, each carrying different legal consequences. The type issued determines your appeal rights and what is required before you can return.

We Are Knowledgeable In....

Requires the individual to leave Canada within 30 days of the order becoming enforceable and confirm their departure with the Canada Border Services Agency (CBSA) at the port of exit. Meeting both steps means no written authorization is needed to return later.

 

Missing either step converts the departure order into a deportation order automatically, with no further hearing or notice. The 30-day period is suspended if the person is detained or the order is stayed.

Requires an Authorization to Return to Canada (ARC) for the one year period after the order is enforced, extending to five years where the order was made on a finding of misrepresentation. The authorization is required throughout that period, not only in some cases.

 

Once the one-year or five-year period expires, the ARC requirement falls away. Any removal costs paid by the Government of Canada must still be repaid before a return application will be approved.

The most serious type of removal order, requiring an Authorization to Return to Canada (ARC) at any time after the order is enforced. Unlike an exclusion order, a deportation order carries no expiry date.

Individuals facing removal may apply for relief based on exceptional circumstances, such as established family ties in Canada, medical conditions, or risks in their home country. A successful Humanitarian and Compassionate (H&C) application can allow the person to remain.

 

An H&C application does not stop a scheduled removal on its own. Pairing it with a deferral request or a stay application is usually what preserves the client’s position while it is decided.

Removal Orders in Canada: What You Are Facing and What Comes Next

A removal order is not the end of the road, but it does set a clock running. At Kingwell Immigration Law, we represent clients across Toronto and Ontario at every stage of the removal process — from the moment an order is issued to the final hearing before the Federal Court of Canada.

The first thing to understand is that “removal order” and “deportation order” are not the same thing. Canada issues three types of removal orders under the Immigration and Refugee Protection Act, each with different consequences and different timelines for challenging them. Which order you have received determines what options remain available to you and how much time you have to act.

Once a removal order becomes enforceable, the Canada Border Services Agency (CBSA) controls the timeline. CBSA will schedule a removal interview and then a removal date. The window between receiving notice of a removal date and the scheduled flight is typically two to six weeks — and in some urgent cases, significantly less.

 

This is the period in which legal options must be pursued. Depending on your circumstances, those options may include a deferral request to CBSA, a motion for a stay of removal at the Federal Court, an appeal to the Immigration Appeal Division, a Pre-Removal Risk Assessment application, or a Humanitarian and Compassionate application. Not all of these are available in every situation, and some are mutually exclusive. Getting the right advice at the start of this window — not partway through it — is what determines which avenues remain open.

A significant number of removal cases ultimately turn on Federal Court proceedings. A deferral request denied by CBSA can be challenged by way of a stay motion at the Federal Court. A removal order that has already been executed can be the subject of a judicial review if the underlying decision was unreasonable or procedurally unfair.

 

Only lawyers — not immigration consultants or regulated immigration consultants — can represent clients at the Federal Court of Canada. This is a distinction that matters in enforcement cases, where the difference between a well-argued stay motion and a poorly prepared one can be the difference between remaining in Canada and being on a flight within days.

 

Daniel Kingwell has appeared before the Federal Court in removal and PRRA cases, successfully arguing stays and judicial reviews on behalf of clients who had been refused at every prior stage. His Federal Court practice in enforcement matters is what distinguishes Kingwell Immigration Law from firms focused primarily on applications.

 

If you have received a removal order, do not wait to seek legal advice. Book a consultation with our team today.

Legal Defences Against Deportation

Deportation does not have to be final—there are legal avenues to challenge, delay, or overturn removal orders. With the right legal strategy, you may be able to remain in Canada and secure your immigration status.

Defences We Employ.
  • Permanent residents may appeal removal if it is based on criminality, failure to meet residency obligations, or misrepresentation.
  • Sponsorship refusals can also be appealed if a family member is facing removal.
  • If a deportation order was unfairly decided, we can file a Judicial Review in Federal Court to challenge the ruling.
  • In urgent cases, we apply for a Stay of Removal, which temporarily halts deportation while the case is reviewed.
  • If deportation puts you at risk of persecution, torture, or serious harm, you may qualify for PRRA protection.
  • PRRA is available to asylum seekers and individuals facing danger in their home country.
  • If you have strong family ties in Canada, medical conditions, or other compelling reasons to stay, you may qualify for H&C relief.
  • Factors considered include hardship upon return, establishment in Canada, and risks to your well-being.
  • If you are facing deportation due to a criminal record, we can apply for Ministerial Relief or Criminal Rehabilitation to remove your inadmissibility status.
  • If you have already been deported, you may need to apply for an Authorization to Return to Canada (ARC) before being allowed back into the country.
  • We assist in preparing strong legal arguments and supporting documentation to improve your chances of approval.

Book a Consultation Today

Deportation cases move quickly, and your legal options may be time-sensitive. The sooner you act, the better your chances of challenging your removal and staying in Canada.

Daniel Kingwell is an LSO Certified Specialist in Citizenship and Immigration Law — the highest designation the Law Society of Ontario grants in this field. He has practised exclusively in immigration law since 2001, with a focus on Federal Court litigation, enforcement, and removal defence. Only lawyers can represent you at the Federal Court of Canada; if your case reaches that stage, you need someone who has been there

We understand how high the stakes are in deportation matters and are committed to defending your right to remain in Canada.

At Kingwell Immigration Law, we are ready to fight for your right to stay in Canada. Contact us today to discuss your case and explore your legal options.

Our mission is to deliver exceptional legal support throughout Canada, with a particular emphasis on serving clients in the following locations: