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Removal defence is the legal work used to challenge or delay a person's removal from Canada. In Surrey, matters commonly involve the Canada Border Services Agency (CBSA) Pacific Region, Immigration, Refugees and Citizenship Canada, and hearings before the Immigration and Refugee Board of Canada.
A lawyer may review the removal order, prepare evidence, represent the person at an admissibility hearing, pursue an appeal or judicial review, and request a deferral or temporary relief from removal. Some hearings occur by video or at Immigration and Refugee Board facilities serving the Lower Mainland rather than in Surrey itself.
The correct strategy depends on the person's immigration status, the type of removal order, the alleged inadmissibility ground, available appeal rights, and any upcoming removal date. A removal order does not always create the same rights or deadlines.
The main statute is the Immigration and Refugee Protection Act, S.C. 2001, c. 27. It has governed Canada's immigration and refugee system since it came into force on June 28, 2002, and sets out inadmissibility, removal orders, appeals, detention, refugee protection, and judicial review-related procedures.
The Immigration and Refugee Protection Regulations, SOR/2002-227, also took effect on June 28, 2002. They provide detailed rules for applications, examinations, enforcement, reporting, sponsorship, and other matters under the Act.
The Canadian Charter of Rights and Freedoms, enacted in 1982, can be relevant to detention, procedural fairness, liberty, security of the person, and protection against removal to a serious risk in appropriate cases. The Charter does not create an automatic right to remain in Canada, and its application depends on the evidence and legal issue.
Legal representation is not mandatory, but the consequences can be permanent and deadlines can be short. A lawyer can identify the order type, explain available remedies, and check whether removal is currently enforceable.
CBSA may arrange reporting, travel-document preparation, detention, or removal. The next step depends on whether the order is a departure order, exclusion order, or deportation order, and whether an appeal or court application is pending.
A permanent resident may have a right of appeal to the Immigration Appeal Division in certain circumstances, including some criminality and residency-obligation cases. Serious criminality and other statutory limits can remove that right, so the specific allegations and sentence must be reviewed.
An application for leave and judicial review does not always stop removal automatically. A lawyer must determine whether a statutory stay applies or whether the Federal Court should be asked for a stay before the scheduled removal date.
A Pre-Removal Risk Assessment can allow an eligible person to present evidence of risk in the country of removal. Eligibility and timing restrictions apply, and a previous refugee decision or earlier application may affect access to this process.
Family relationships, Canadian-born children, employment, medical needs, and establishment may support a humanitarian and compassionate application or a request for discretion. These factors do not automatically cancel a removal order and must be supported with detailed evidence.
Fees vary according to the hearing, appeal, court application, urgency, evidence, and expected preparation time. Ask for a written scope of work, billing method, retainer amount, tax treatment, and likely additional expenses before signing.
Legal Aid BC may provide immigration and refugee assistance to people who meet its financial and legal eligibility rules. Coverage is not automatic for every removal matter, so contact Legal Aid BC promptly and ask whether the specific case qualifies.
Contact a lawyer immediately, preferably the same day. Appeals, Federal Court applications, stay requests, and responses to enforcement action can involve deadlines measured in days or weeks.
No lawyer can guarantee that result. A successful appeal, court remedy, refugee protection decision, or other lawful immigration solution may prevent removal, but the outcome depends on jurisdiction, evidence, credibility, and the applicable legal test.
A pending case does not automatically authorize employment. Work authorization depends on the person's immigration document, claim status, and any applicable conditions, so working without authorization can create additional problems.
Choose a lawyer licensed by the Law Society of British Columbia and confirm experience with removal orders, admissibility hearings, immigration appeals, and Federal Court proceedings. Ask who will handle the file and whether the lawyer can act quickly if CBSA sets a removal date.
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Disclaimer:
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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