Planning a trip to Canada? Congratulations on making it to the Great White North! But be aware that certain actions can lead to deportation if you’re an immigrant. Here are some key offenses to avoid:

1. Impaired Driving Causing Bodily Harm

One offense listed under the proposed Removal of Serious Foreign Criminals Act is impaired driving causing bodily harm. If a permanent resident is found guilty of causing physical harm while driving under the influence of alcohol or drugs, they could face deportation without a hearing. The Canadian government wants to speed up the removal process for serious crimes to save costs and increase efficiency. However, critics argue the criteria for serious crimes are too broad, potentially affecting people with strong ties to Canada who have lived here a long time.

2. Cultivation of Marijuana

Even though recreational cannabis use is legal in Canada, cultivating marijuana can still have serious legal consequences for permanent residents. Involvement in marijuana cultivation can lead to deportation without a hearing.

3. Trafficking of Marijuana over 3 kg

Trafficking significant amounts of marijuana is also considered a serious crime. Permanent residents caught trafficking over 3 kilograms could face deportation under the proposed legislation.

4. Theft over $5,000

Theft involving an amount over $5,000 is taken seriously under the proposed act. Permanent residents convicted of such theft may face deportation without a hearing.

5. Robbery Without a Firearm

Robbery without the use of a firearm can also lead to deportation. Those convicted and sentenced beyond a certain threshold risk being sent back to their home country without a hearing.

6. Possession of a Restricted Weapon with Ammunition

Possessing a restricted weapon along with ammunition is considered a serious crime. Permanent residents found guilty of this offense may be subject to deportation without a hearing.

7. Assault Causing Bodily Harm or with a Weapon

Acts of violence like assault causing bodily harm or assault with a weapon are serious crimes that can result in deportation without a hearing.

8. Fleeing Police

Attempting to evade the authorities and fleeing the police can also lead to deportation for permanent residents.

9. Using or Possessing a Stolen or Forged Credit Card

Using or possessing a stolen or forged credit card is a serious offense. Under the proposed act, individuals convicted of this crime could face deportation without a hearing. The Canadian government aims to expedite the removal process to ensure public safety and protect the integrity of the immigration system.

How to Appeal a Deportation Order

If a permanent resident receives a deportation order, they may have the right to appeal under certain circumstances. The appeal process allows individuals to present their case before an immigration tribunal. Understanding the specific grounds for appeal and applicable timelines is essential for a valid and timely submission. Seeking legal representation can significantly increase the chances of a successful outcome.

Appeal Rights for Permanent Residents and Protected Persons

Permanent residents and protected persons have the right to appeal certain decisions made by immigration authorities. This includes appeals related to removal orders, residency obligations, and some admissibility issues. The appeal process provides an opportunity to challenge unfavorable decisions and have cases reviewed by an independent tribunal.

Appeal Rights for Foreign Nationals

Foreign nationals, including temporary residents and individuals seeking permanent residency, may also have appeal rights in certain situations. However, the process and grounds for appeal may differ from those for permanent residents and protected persons. Understanding specific appeal rights based on immigration status and circumstances is crucial.

Reporting to Canada Border Services Agency (CBSA)

The CBSA plays a vital role in enforcing immigration laws and ensuring border security. Individuals may be required to report to CBSA as part of their immigration process or to comply with immigration requirements. This includes those under immigration detention, with a deportation order, or with specific reporting conditions. Complying with these requirements is essential to maintain immigration status and avoid legal consequences. Failure to report as required could lead to further complications and jeopardize one’s stay in Canada.

During an Appeal Hearing

The Immigration Appeal Division (IAD) considers various factors to make a fair and informed decision. The IAD handles appeals related to immigration matters, and key factors considered during an appeal hearing include:

1. Humanitarian and Compassionate (H&C) Factors: The IAD considers humanitarian and compassionate reasons why the appellant should remain in Canada despite not meeting certain requirements. This includes family ties, establishment in Canada, best interests of children, and health conditions.
2. Risk of Persecution or Danger: If the appellant claims they would face persecution or danger if returned to their home country, the IAD assesses the credibility of these claims and the potential risk.
3. Best Interests of Children: When children are involved, the IAD prioritizes their best interests, considering the potential impact of deportation on their well-being and future.
4. Country Conditions: The IAD reviews the current situation in the appellant’s home country, including political instability, human rights violations, or safety conditions.
5. Integration and Ties to Canada: The IAD evaluates the appellant’s integration into Canadian society, including language proficiency, employment history, community involvement, and length of residence.
6. Criminality and Security Concerns: The IAD considers any criminal or security issues. Serious crime convictions or national security matters significantly impact the appeal decision.
7. Previous Immigration History: The appellant’s past compliance with immigration laws is taken into account.
8. Evidence and Documentation: The IAD assesses the evidence and documentation presented during the hearing, including witness testimonies and expert reports.
9. Applicant’s Testimony: The appellant’s testimony and credibility are crucial in the decision-making process.
10. Public Interest: The IAD weighs the public interest, considering Canada’s immigration policies and objectives.

Consequences of Deportation

Deportation can have significant and far-reaching consequences for individuals and their families. Here are some primary impacts:

1. Emotional and Financial Impact: Deportation can cause severe emotional distress and financial hardship for the deported individual and their loved ones.
2. Separation from Family Members: Deportation can lead to the painful separation of families, disrupting stability and causing immense emotional pain.
3. Challenges in the Home Country: Returning to a home country after a prolonged absence can be challenging, including difficulties in reintegrating into society, finding housing and employment, and facing potential stigmatization or discrimination.
4. Legal and Immigration Consequences: Deportation may result in being barred from reentering the country, affecting personal relationships, educational and career opportunities, and future travel plans.
5. Loss of Assets and Property: Individuals may have to leave behind assets, property, and belongings, leading to financial losses.
6. Disruption of Education and Professional Careers: Deportation can disrupt educational and professional pursuits, hindering progress and prospects.
7. Increased Vulnerability and Safety Concerns: Deportation may expose individuals to heightened vulnerability, especially if their home country is experiencing instability or security issues.

Conclusion

Deportation is a serious matter with numerous effects, including the potential permanent loss of the opportunity to return to Canada. If you receive a deportation order and wish to stay in Canada, consider appealing the decision with the help of legal representation. It’s essential to present concrete proof that you don’t merit the deportation charge, always remembering that honesty is the best policy.

FAQs

1. What should I do if I receive a deportation order in Canada?

• If you receive a deportation order, seek legal advice immediately. Understanding your appeal rights and timelines is crucial. Legal representation can help present your case effectively.

2. Can I appeal a deportation order without a lawyer?

• While it’s possible to appeal without a lawyer, having legal representation significantly increases your chances of a successful outcome. Lawyers can navigate the complex legal system and present your case more effectively.

3. What are the humanitarian and compassionate factors considered in deportation appeals?

• Humanitarian and compassionate factors include family ties, establishment in Canada, best interests of children, health conditions, and other compelling reasons why you should be allowed to stay despite not meeting certain immigration requirements.