Facing deportation from Canada can be a stressful and uncertain time for individuals and their families. The Canadian immigration system is constantly evolving, and recent changes to immigration laws have made the process even more complex. It is important for individuals who are facing deportation to understand the recent changes to immigration law in Canada and how they may affect their case.
New grounds for inadmissibility
One of the most recent changes to Canadian immigration law is the introduction of new grounds for inadmissibility. This means that individuals who were previously admissible to Canada may now be deemed inadmissible due to changes in the law. For example, individuals who have been convicted of certain types of crimes may now be deemed inadmissible, even if they were not previously considered inadmissible.
The increased use of administrative removal
Another change to Canadian immigration law is the increased use of administrative removal. Administrative removal is a process by which individuals can be removed from Canada without a formal hearing before the Immigration and Refugee Board of Canada (IRB). This means that individuals who are facing deportation may not have the opportunity to present their case in front of the IRB.
The process for filing appeals
The government of Canada has also made changes to the process for filing appeals. Previously, individuals who were facing deportation had the right to file an appeal with the IRB. However, recent changes to immigration law have limited the right to appeal for certain individuals.
The Deportation Process:
The deportation process in Canada is governed by the Immigration and Refugee Protection Act (IRPA) and the Immigration and Refugee Protection Regulations (IRPR). The process typically begins with the Canada Border Services Agency (CBSA) issuing a removal order, which instructs the individual to leave the country within a certain timeframe. If the individual does not leave voluntarily, they may be subject to enforced removal.
Before a removal order is issued, the individual may have the opportunity to make representations or appeal the decision. In some cases, they may also be eligible to apply for an injunction to stay the removal. Once the removal order is in effect, the individual may be taken into custody by the CBSA and held in detention until they can be removed from the country.
Reasons for Deportation:
There are several reasons why a foreign national may be subject to deportation in Canada. Some of the most common include:
- Overstaying a visa: If an individual remains in Canada after their visa has expired, they may be subject to deportation.
- Violating immigration laws: This can include working without authorization, failing to maintain status, or providing false information on a visa application.
- Criminal activity: If an individual is convicted of a crime in Canada, they may be subject to deportation, particularly if the crime is considered serious.
- Security threat: If the Canadian government determines that an individual poses a threat to national security, they may be subject to deportation.
Effects of Deportation:
Deportation can have significant and far-reaching effects on both the individual being removed and their loved ones. Some of the most notable impacts include:
- Separation from loved ones: Deportation often results in a separation from family members, including spouses, children, and parents. This can be particularly difficult for those with close ties to Canada, such as landed immigrants or permanent residents.
- Financial strain: Deportation can result in significant financial losses, as individuals may have to abandon homes, businesses, and other assets in Canada.
- Loss of status: Deportees may lose their status as landed immigrants or permanent residents, which can have long-term impacts on their ability to return to Canada in the future.
- Psychological effects: Deportation can be a traumatic experience, and can result in feelings of loss, depression, and anxiety.
Why You Need a Lawyer When Facing Deportation in Canada
Deportation proceedings can be a confusing and stressful time for anyone facing it. The Canadian immigration process is complex, and navigating the legal system can be difficult, especially if you are unfamiliar with the laws and procedures involved. In such a situation, having a knowledgeable and experienced immigration lawyer can make all the difference. Here are some of the reasons why you need a lawyer when facing deportation in Canada.
Understanding immigration laws and regulations
The immigration laws and regulations in Canada are constantly changing, and it can be challenging to keep up with the latest developments. An immigration lawyer will have the necessary expertise to provide you with an up-to-date understanding of the laws and regulations that apply to your case. They can explain the relevant provisions and how they may impact your situation.
Preparation and submission of immigration applications
If you are facing deportation, you may be able to submit an immigration application to avoid removal from Canada. This may include applying for permanent residency, asylum, or other forms of protection. An immigration lawyer can assist you in preparing and submitting your application, ensuring that it meets all the necessary requirements and has the best chance of success.
Representation in court or immigration tribunal
If your case goes to court or an immigration tribunal, having an experienced immigration lawyer can be crucial. They can represent you in front of the judge or tribunal member and make arguments on your behalf. Your lawyer can also cross-examine witnesses, submit evidence, and make legal submissions. Having a lawyer can help ensure that your rights are protected and that you receive a fair hearing.
Strong case preparation
An immigration lawyer can help you gather and present the strongest possible case to support your right to remain in Canada. They can help you gather and review relevant documents, prepare witness statements, and identify any potential legal arguments that may support your case. Your lawyer can also help you prepare for any potential questions or challenges that may arise during your hearing.
Stress reduction
Going through the deportation process can be a stressful and overwhelming experience. Having an immigration lawyer on your side can provide you with peace of mind, knowing that you have an experienced professional working to protect your rights and interests. Your lawyer can answer your questions and provide you with support and guidance throughout the process.
Conclusion
In conclusion, facing deportation from Canada can be a stressful and uncertain time for individuals and their families. Recent changes to immigration law in Canada have made the process even more complex, and it is important for individuals to understand their rights and the legal process that they are facing. An immigration lawyer can provide guidance and representation in front of the IRB or other government agencies, and individuals should seek the assistance of an immigration lawyer to ensure that their rights are protected.
The Canada Border Services Agency (CBSA) is responsible for the deportation process in Canada.
Yes, an individual may have the opportunity to make representations or appeal a removal order before it takes effect.
If an individual does not leave voluntarily after a removal order is issued, they may be subject to enforced removal and taken into custody by the CBSA.
Yes, individuals who are deported from Canada may lose their status as landed immigrants or permanent residents.
The immigration policies in Canada play a significant role in determining who may be subject to deportation, and highlight the importance of ensuring that these policies are fair and just.
