Deportation
Legal Help for Removal and Deportation Cases
Deportation is the most serious form of immigration enforcement in Canada. If you or a loved one has been issued a Removal Order or is facing Deportation, it’s critical to understand your legal options and act quickly. These cases can move fast — and the consequences can be life-altering.
At our office, we provide strategic, informed legal assistance to individuals facing deportation due to inadmissibility, criminality, or a failed refugee or immigration claim. We help protect your rights and determine whether there is a viable legal remedy — including appeals, stays of removal, or permanent residence on humanitarian and compassionate grounds.
Who Can Face Deportation?
You may be facing deportation if:
- You’ve been found inadmissible to Canada (e.g., criminal, misrepresentation, medical, security)
- You overstayed your visa or permit and received a removal order
- Your refugee claim or H&C application was refused
- You’ve been referred to the Immigration Division or Immigration Appeal Division
- You were arrested by CBSA and served a Deportation Order
Key Considerations in Deportation Cases
Type of Removal Order: There are three types — Departure, Exclusion, and Deportation. Each carries different consequences and appeal rights. A Deportation Order is the most serious and usually follows a violation or failed appeal.
Inadmissibility Reasons Matter: Your legal strategy will depend heavily on whether you’re inadmissible due to a criminal conviction, misrepresentation, or breach of the Immigration and Refugee Protection Act (IRPA).
Appeal Rights & Deadlines: Time is critical. Some individuals may have the right to appeal to the Immigration Appeal Division (IAD) or apply for a Judicial Review — but deadlines are extremely short (often 15 or 30 days).
Stay of Removal Requests: If there is a strong reason to stop the deportation (e.g. medical emergency, new permanent residence application, risk to life upon return), a Stay of Removal or Request for Deferral may be possible.
Permanent Solutions: In some cases, filing an H&C application or Pre-Removal Risk Assessment (PRRA) may provide a path to remain in Canada — but only if properly prepared and submitted before removal is enforced.
Legal Perspective: Is There a Way to Stop Deportation?
There often is — but it depends on your exact circumstances. Many people wait too long or take the wrong approach.
Every deportation case must be assessed for:
Procedural fairness issues
Eligibility for appeal
Charter violations or due process errors
Humanitarian or medical circumstances
Risk to life or persecution if returned
We take the time to analyze your immigration history, assess all documents from CBSA and IRCC, and determine the best path forward — whether it’s a motion to stay removal, a new application, or an emergency appeal.
Deportation is not always final — but it is fast and often unforgiving. Many people lose their opportunity to stay in Canada because they didn’t know their rights or missed critical deadlines. If you’ve received a removal notice or been contacted by CBSA, seek legal guidance immediately. Your next steps could mean the difference between staying — or leaving Canada permanently.
Deportation FAQ
Not necessarily. Filing a PR application (such as through H&C or sponsorship) does not automatically stop removal. You would need to formally request a stay of removal, often by filing an application in Federal Court or through an authorized CBSA request. It’s critical to time this correctly.
These are strong humanitarian factors, but they don’t guarantee success. IRCC and CBSA may still remove you unless you file an H&C application or a stay request showing how removal would cause disproportionate hardship to your family. Your time in Canada and ties must be carefully documented and presented with legal reasoning.
It depends on the reason for the order. You generally have a right to appeal if the order is based on non-criminal inadmissibility. However, if your inadmissibility involves serious criminality (a sentence of 6+ months), your appeal rights are limited. In such cases, a Judicial Review may be your only option.
A deferral is a written request to postpone your removal while you pursue another legal remedy (like an H&C or PRRA). It must be persuasive and backed by evidence. It is typically submitted directly to CBSA but has no guaranteed outcome.
Yes, but it requires urgent legal action. You can challenge your detention and file legal motions to stay your removal. Time is of the essence, and delays reduce your options drastically. A coordinated strategy must be launched quickly.
You could apply for a temporary residence visa (TRV) and come to Canada temporarily. However, there is no guarantee that you will receive your visa. If you wish to apply for a TRV and come to Canada, it is best to submit your application from inside Canada.
How Can We Help
Canadian immigration laws can be complex and challenging. At Moshiri Immigration, our Regulated Canadian Immigration Consultants (RCIC) specialize in Canadian immigration law. We have successfully handled many spousal sponsorship applications, and we can help you too!
Our years of experience allow us to provide practical and straightforward advice, ensuring you get the results you want. From the moment you become a client at Moshiri Immigration, we guarantee that your case will be handled with the utmost professionalism and personal attention.
