What removal defence involves in Calgary
Removal defence concerns steps taken to prevent or delay a person’s removal from Canada, or to challenge the legal basis for removal. In Calgary, cases commonly involve the Canada Border Services Agency (CBSA), the Immigration and Refugee Board of Canada (IRB), and sometimes the Federal Court.
The process depends on the person’s status and the document issued. A departure order, exclusion order, or deportation order has different consequences, deadlines, and available remedies.
A lawyer may review the immigration record, prepare evidence, represent the person at an admissibility hearing, pursue an appeal, request a pre-removal risk assessment, or seek judicial review. Calgary matters may be heard through IRB locations serving Alberta, while Federal Court proceedings are handled under the federal court process.
When you may need an immigration lawyer
- You received a removal order at the Calgary CBSA office. Missing a departure deadline can cause a departure order to become a deportation order.
- CBSA alleges criminal inadmissibility. A Canadian conviction, foreign conviction, or pending criminal matter may affect whether removal can proceed.
- You are accused of misrepresentation. An alleged false statement or omitted information can create a five-year inadmissibility period and affect family members’ applications.
- You face an admissibility hearing before the Immigration Division. The hearing may determine whether you can remain in Canada and whether detention or release conditions apply.
- Your refugee claim was refused or your protection has changed. A lawyer can assess an appeal, judicial review, a pre-removal risk assessment, or an application based on humanitarian and compassionate considerations.
- You are a permanent resident facing loss of status. A residency-obligation appeal or an appeal involving a removal order may require detailed travel, family, employment, and establishment evidence.
Key Canadian laws governing removal cases
The Immigration and Refugee Protection Act, S.C. 2001, c. 27, is the main federal statute. It came into force on June 28, 2002, and covers inadmissibility, removal orders, detention, refugee protection, appeals, and judicial review-related procedures.
The Immigration and Refugee Protection Regulations, SOR/2002-227, also came into force on June 28, 2002. They provide detailed rules for examinations, admissibility, residency obligations, removal documents, appeals, and applications made from within Canada.
The Canadian Charter of Rights and Freedoms, enacted as Part I of the Constitution Act, 1982, applies to government action in immigration matters. Charter arguments can arise where detention, procedural fairness, family interests, or risk on return are legally relevant.
Frequently asked questions about removal defence in Calgary
Do I need a lawyer after receiving a removal order?
Not every person must have a lawyer, but the consequences can be permanent and deadlines can be short. A lawyer can identify whether an appeal, risk assessment, humanitarian application, or Federal Court proceeding is available.
What are the main types of Canadian removal orders?
A departure order generally requires the person to leave Canada within the stated period. An exclusion order usually prevents return for a specified period, while a deportation order generally bars return permanently unless authorization is obtained.
What happens if I do not leave Canada under a departure order?
A person normally must leave within 30 days and confirm departure with CBSA. If the requirements are not met, the departure order may become a deportation order, which carries more serious consequences.
Can CBSA remove me while my immigration application is pending?
A pending application does not automatically stop removal. The person may need a specific statutory stay, an application for a pre-removal risk assessment, a deferral request, or Federal Court relief.
Can I appeal a removal order to the Immigration Appeal Division?
Some permanent residents and protected persons can appeal certain removal orders to the Immigration Appeal Division. Many foreign nationals do not have that appeal right and may instead consider a pre-removal risk assessment or an application for judicial review.
What is a pre-removal risk assessment?
A pre-removal risk assessment, often called a PRRA, considers whether a person would face persecution, torture, a risk to life, or cruel and unusual treatment or punishment in the country of removal. Eligibility and timing restrictions apply, particularly after a refused refugee claim.
Can humanitarian and compassionate grounds stop removal?
An application based on humanitarian and compassionate considerations may address establishment in Canada, family separation, hardship, health issues, or the best interests of children. It does not automatically stop removal, and it may not be available in every procedural situation.
How much does a removal lawyer in Calgary cost?
Fees depend on the type of proceeding, urgency, evidence, hearings, detention issues, and whether an appeal or Federal Court case is required. Ask for a written retainer that explains the scope of work, hourly rates or fixed fees, disbursements, taxes, and payment deadlines.
Can Legal Aid Alberta pay for an immigration lawyer?
Legal Aid Alberta may provide assistance for some immigration matters, subject to financial eligibility and the type of case. Coverage is not automatic, so the person should contact Legal Aid Alberta promptly and ask whether the specific proceeding qualifies.
How long does a removal case take?
A straightforward document review may take days, while an admissibility hearing, appeal, or judicial review can take months or longer. CBSA removal dates, detention, filing deadlines, and court directions can make an urgent legal assessment necessary.
Can I stay in Canada while challenging removal?
Sometimes, but a challenge does not always create an automatic stay. A lawyer must determine whether the proceeding itself prevents removal or whether a separate stay request is required before CBSA takes enforcement action.
Can a criminal record be overcome in a removal case?
Criminal inadmissibility may depend on the offence, sentence, rehabilitation rules, the person’s status, and whether the conduct occurred in Canada or abroad. A lawyer should review certified court records and the complete immigration history before advising on available remedies.
Official Calgary and Canadian resources
- Canada Border Services Agency (CBSA): Enforces removal orders, conducts immigration enforcement, manages detention and release processes, and handles departure arrangements.
- Immigration and Refugee Board of Canada (IRB): Decides admissibility matters before the Immigration Division and hears eligible refugee, residency, sponsorship, and removal-related appeals through its divisions.
- Immigration, Refugees and Citizenship Canada (IRCC): Processes immigration, refugee, permanent residence, citizenship, humanitarian and compassionate, and risk-assessment applications within its jurisdiction.
How to find and hire a removal lawyer in Calgary
- Identify the document and deadline immediately. Photograph or scan every page of the removal order, CBSA letter, hearing notice, or detention document on the day it is received.
- Check the available remedy within one to three business days. Ask whether the case involves an appeal, admissibility hearing, PRRA, humanitarian application, deferral request, or Federal Court judicial review.
- Confirm the lawyer’s authorization and relevant experience. Verify that the lawyer is licensed by the Law Society of Alberta and regularly handles Canadian immigration enforcement, admissibility, appeals, or Federal Court matters.
- Arrange consultations quickly. Contact several suitable lawyers within 24 to 72 hours, especially where CBSA has set a removal date or the person is detained.
- Provide a complete evidence package. Include passports, immigration records, court documents, family information, medical records, travel history, prior applications, and all CBSA or IRB correspondence.
- Compare written retainers before hiring. Confirm the work included, filing deadlines, hearing attendance, communication arrangements, fee structure, disbursements, and what happens if the case becomes more complex.
- Follow the case plan and preserve deadlines. Keep copies of every filing, report address changes, attend all hearings, obey release conditions, and ask the lawyer before travelling or contacting CBSA about the merits of the case.
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The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
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