Deportation, Removal & Inadmissibility Hearings

Are you or a family member facing deportation from Canada for a Criminal record or just an inadmissibility issue? Note even for minor offences you can still be subjected to deportation proceedings and finally deported out of Canada so please TAKE THIS SERIOUSLY. The usual scenario is that family members call Regulated Canadian Immigration Consultants on behalf of a person who is at the airport waiting for deportation. At this time, it is practically too late. Do not let that be you or your family member.

 

Once you have an Immigration issue please contact us immediately so we can analyze the issue and formulate the best path forward that will decrease the impact the issue will have on your immigration or citizenship path. 

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We can act fast and effectively on you and/or your family member! Yet, we depend on you to put us and you in a position to succeed. There are two things we will need you to bring along with you to the consultation appointment and/or have on hand for that emergency call:

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1.The Refusal Letter, Notice, Report, or Direction from Citizenship and Immigration Canada (CIC) or the Canada Border Services Agency (CBSA); and

2.Copies of the application concerned and any prior communications from the government pertaining to the matter (i.e., letters, email, etc.) and/or the eight-digit client ID number

 

Timeline/Limitation Period – There are very strict time limits within which legal rights have to be exercised. With the information provided at our consultation we can quickly identify how quickly we need to act.

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Refused Applications – The refusal decision may be made by officers at the IRCC inside Canada (Inland Applications) or by Canadian High Commissions or Embassies abroad. The location of the refusal, whether it was made by IRCC or IRB officials, and the particular type applications changes the deadlines for challenging the decision.  Different limitation periods apply – 15, 30 or 60 days, within which the decision must be challenged. This is extremely critical to understanding the timeline under which we are operating.

It is pertinent that you provide us with a copy of the entire file, including all materials filed on behalf of the person concerned, all materials received from the government, and all communications immedieately. It is important that we are able to review all of the documentation that is in your possession; we will take steps to access immigration, citizenship, refugee, or CBSA files, and to preserve legal rights, stop deportation, or seek a release from immigration detention. In cases of this nature time really can make a difference, so do not delay in seeking legal assistance.

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Immigration detention hearings in Canada

Like we mentioned earlier most individuals or family members wait till they have been "picked up" by the immigration authorities, in Canada known as the Canadian Border Service Agency (CBSA) before taking action. In most cases, such persons are residing in Canada without status, sometimes for many years. These "overstays" usually came to Canada legitimately as visitors, workers or students but remained beyond their visa permits and may face an immigration detention hearing.

Other people subject to immigration detention can actually be legal Canadian permanent residents who have criminal records. In some instances, certain criminal offences can result in deportation proceedings even if you are a permanent resident. Generally, but not always, only Canadian citizens are immune to deportation.

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If you or someone you know, has been apprehended by the CBSA and are sent to an immigration detention centre, you have certain rights that you should be aware of.

Firstly, under Canadian immigration regulations, you have a right to an immigration detention hearing, formally called a "Detention Review". According to the regulations, your immigration detention hearing must take place within 48 hours of being detained. Now, in practice, the 48 hour rule sometimes does not work out, especially in cases when the detention takes place, say, on a weekend. Scheduling issues in getting an immigration judge (called a "Member") sometimes results in a delay for an extra 24 to 48 hours before your case is heard.

At the detention review hearing, the Member has to consider 3 important factors in deciding to either release or continuously remand the person in detention:

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1.Whether the person poses a "flight risk". Will the person, if released, appear when Canada immigration contacts him or her?

2.Whether the person is considered to be a "danger to the public". Detainees who have a criminal record will be more likely not be released if they have an extensive or serious criminal history in Canada or elsewhere.

3.Whether the person's identity can be ascertained. In the vast majority of cases, identity is not really an issue as Canada immigration usually has the person's passport or ID in their possession and knows the true identity of the person in detention.

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At the immigration detention hearing, the Member may consider ordering the release of the person if a bond is proposed, usually in the form of cash and performance (promise to pay) by a Canadian citizen or Canadian permanent resident. The Member will consider the amount of the bond proposed and the nature of the relationship of the bonds-person to the detainee, in making a decision to release the person from detention. The Member will weigh these factors with the three grounds of detention mentioned above and make a decision about whether to make an order for release or continued detention.

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If after considering these factors, the Member orders that release is not warranted, then the person in detention has a right to another, second Detention Review within 7 days of the original 48 hour hearing. And if at the 7 day hearing, the person is still not ordered released, he or she has right to yet another immigration hearing within 30 days of that hearing.

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Detentions – If someone is detained, there is generally a timeline for the review of detention. In most cases there will be a review 48 hours after the detention, another in 7 days, then every 30 days thereafter. In some cases, it may be possible to move a deadline forward.

 

Admissibility Hearings

Admissibility Hearings from the Immigration Division

Removal Proceeding from either

1. Immigration Division(ID); or

2. Immigration Appeal Division (IAD), under the IRPA (Immigration and Refugee Protection Act, SC).

Canadian Immigration laws are enforced by two federal government agencies:

Citizenship and Immigration Canada (CIC) – is responsible for Canadian immigration and citizenship.

Canada Border Services Agency (CBSA) – Responsible for border services (port-of-entry services), customs and enforcement of some immigration laws in Canada. For example, CBSA officers work at borders and ports of entry, and handle arrests, detentions and removals.

These agencies work with the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Services (CSIS) and the Minister of Public Safety and Emergency Preparedness.

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Investigation and Admissibility Hearings

CIC and CBSA conduct investigations into people who they believe may have violated the Immigration and Refugee Protection Act (IRPA). If there is sufficient evidence of a breach of the Act, CIC or CBSA officers may deal with the people involved or direct them to appear at an Admissibility Hearing.  The admissibility hearing is held in front of a member of the Immigration Division of the Immigration and Refugee Board (IRB).

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The Immigration Division conducts Admissibility Hearings for either Foreign Nationals or Permanent Residents, who are believed to be inadmissible or removable from Canada under the Immigration and Refugee Protection Act (IRPA).

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Some of the reasons that a Foreign National or a Permanent Resident may have to Appear for an Admissibility Hearing are:

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·You failed in some way to comply with a Canadian Immigration Law

·Are a security threat

·Have violated human or international rights

·Have been involved in crime or international crime

·Have misrepresented yourself, such as, by presenting false information

·Are a family member of an Inadmissible Person

·Have a Health Condition

·Do not have enough money to support yourself

 

Arrests and Detention

If they believe that you will not appear at future immigration proceedings or are a potential public safety threat, an officer can arrest you. This can happen when you arrive to Canada, within Canada or at an immigration inquiry. A CBSA officer, an RCMP officer or a local police officer may arrest you.

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Following an arrest, an officer can place you in detention. You may be held at a local jail, correctional facility or at an immigration detention centre. If you are arrested and/or put in detention, the officer must tell you about your Legal Rights. 

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The judge will make a decision based on the information, evidence and testimony available to at the Hearing.

A finding that a person is inadmissible to Canada will result in issuance of a Removal Order. In some instances, a Removal Order may be Appealed or it may be challenged by way of judicial review.

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At the Admissibility Hearing, a judge will never consider Humanitarian and Compassionate reasons as to why you should not be issued a Removal Order. Before presenting your case, it is of an absolute importance to understand how the Officer of the Canada Border Service Agency arrived at the conclusion that you should be referred to an Admissibility Hearing. It is the validity or non-validity of the claim against you that will determine whether a Removal Order should or should not be issued against you.

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Deportations – If the Direction to Report for removal has already been issued, we know the exact timeline for removal. From this, we can plan a strategy to seek to defer removal with the Canada Border Services Agency and/or to stay removal with the Federal Court of Canada.

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Removal Order

There are different reasons why someone can be considered inadmissible to Canada. For certain serious offences, an adjudicator or senior immigration officer may issue a removal order. A removal order means that you must leave the country according to specific instructions.

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There are different types of removal orders, including a departure order, a deportation order and an exclusion order. Generally, a deportation order means that you are permanently barred from Canada unless you get written permission from the Minister of Citizenship and Immigration to return.

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Appeals of Removal Orders

In some cases, you can appeal a Removal Order. All appeals are heard by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).

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Please call us at +1 (289)856-9437 or write us at arborwayimmigration@gmail.com today if you have been ordered to appear at an Admissibility Hearing,