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Removal defence in Windsor usually involves the Canada Border Services Agency (CBSA), Immigration, Refugees and Citizenship Canada (IRCC), the Immigration and Refugee Board of Canada (IRB), or the Federal Court.
Windsor’s location beside Detroit creates frequent border-related matters. A person may be referred for examination after crossing at the Ambassador Bridge, the Detroit-Windsor Tunnel, Windsor-Detroit ferry, or a regional airport.
Possible issues include inadmissibility, a removal order, detention, a refugee claim, a pre-removal risk assessment, or an application to stay removal. The correct response depends on the document received, the person’s immigration status, and any scheduled deadline.
Detention reviews generally take place before the IRB’s Immigration Division. Refugee claims and related appeals may involve the Refugee Protection Division, the Refugee Appeal Division, or the Federal Court.
Immigration and Refugee Protection Act, S.C. 2001, c. 27, is the main federal statute. It has governed Canada’s immigration and refugee system since coming into force on June 28, 2002, and covers inadmissibility, removal orders, detention, refugee protection, appeals, and judicial review.
Immigration and Refugee Protection Regulations, SOR/2002-227, also came into force on June 28, 2002. They provide detailed rules for examinations, enforcement, detention, permits, inadmissibility, and other immigration procedures.
Canadian Charter of Rights and Freedoms, part of the Constitution Act, 1982, has applied since April 17, 1982. Its protections can be relevant to liberty, procedural fairness, detention reviews, and the risk of removal in particular cases.
Not every person must have a lawyer, but a removal order can create urgent legal consequences. A lawyer can determine whether an appeal, stay request, refugee process, risk application, or Federal Court challenge is available.
Yes. CBSA may detain a person for concerns involving identity, flight risk, danger to the public, or other statutory grounds. The IRB’s Immigration Division usually reviews continued detention at scheduled detention reviews.
The decision-maker considers whether detention should continue, whether release conditions are workable, and whether the legal grounds for detention remain. A release plan may include a bondsperson, reporting, an address, employment information, or other conditions.
A pending refugee claim may affect removal, but the result depends on eligibility, procedural status, and any statutory exceptions. Certain claimants cannot access the refugee process or may face removal while another application is pending.
A pre-removal risk assessment, commonly called a PRRA, considers whether return would expose an eligible person to persecution, torture, a risk to life, or cruel and unusual treatment or punishment. Eligibility and timing rules depend on the person’s history and previous decisions.
Yes. Permanent residents can become inadmissible for reasons such as serious criminality, organized criminality, security concerns, misrepresentation, or failing the residency obligation. The available appeal rights depend on the type of inadmissibility and the decision made.
A conviction can lead to a finding of criminal inadmissibility, but the effect depends on the offence, sentence, legal equivalency, and the person’s immigration status. Canadian criminal and immigration records should be reviewed together before making submissions.
There is no single timeline. Removal may be delayed by an appeal, a pending risk process, travel-document problems, litigation, or operational arrangements, but CBSA may proceed quickly when no legal barrier exists.
The Federal Court can review certain immigration decisions for legal or procedural errors. Filing an application for judicial review does not automatically stop removal, so a separate stay request may be necessary.
Fees vary according to detention, hearings, evidence, appeals, court work, and urgency. Ask for a written retainer stating the work included, the billing method, disbursements, taxes, and what happens if the matter expands.
Legal Aid Ontario may provide coverage for some immigration and refugee matters, subject to financial eligibility and the type of proceeding. Contact Legal Aid Ontario promptly because coverage is not automatic and private representation may still require a retainer.
Bring every CBSA, IRCC, and IRB document, passport, identity document, criminal record information, prior applications, court papers, and removal notices. Include evidence of family ties, medical issues, country conditions, employment, and community support where relevant.
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