The Canada Border Services Agency shall receive $7.46 million to facilitate removals from Canada.  The goal is to remove 10000 persons who have exhausted their rights of appeal in Canada during the year 2019.  That money would allow Canada Border Services Agency officers to work overtime to process removals. Persons who have exhausted their rights of appeal would include those persons who have been issued a deportation order that is in force.

Processing deportations from Canada sometimes entails escorting persons to embassies to ensure a travel document or passport is obtained.  In more extreme cases, a CBSA officer will “stakeout” a residence to confront a person while that person leaves their residence. That confrontation often leads to detention as a prelude to removal from Canada.

Unrepresented persons who are invited to a Canada Border Services Agency  office may be subject to procedures to facilitate their removal from Canada.  It would be advisable to have a lawyer accompany a person who is invited to the Canada Border Services Agency’s offices as a matter of caution, given the mandate of the CBSA which includes removing persons from Canada who no longer have legal status in Canada.

A lawyer may be able to request a deferral of removal for health reasons or circumstances relating to the best interest of relevant children.  A deferral of removal would require evidence of irreparable harm such as the inability to obtain medical treatment in the country of destined deportation.  Such evidence is often from medical professionals, and authorities who can document the quality of medical care in the country of deportation.

In somewhat rare cases, a request to defer removal from Canada can be based on a pending application for permanent residence that has been delayed due to backlogs at the immigration department.  The duration of the delay is a factor, the longer the delay, the higher chance of success in deferring removal.

In some situations, a lawyer may be able to apply to the Federal Court of Canada to stay a removal.  The basis for the application to stay would be proof of a serious legal issue, and irreparable harm to the person being deported.  Irreparable harm is often defined as harm that can’t be fixed by spending money. Proof of irreparable harm is often presented in the form of medical reports.

If you think you’re being subject to removal proceedings contact Chaudhary Law Office.

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