Are you planning your trip to Canada any time soon; congratulations, you made it to the Great White North.
However, you should keep in mind
that things can make you face deportation as an immigrant in Canada. You must be careful not to participate in the following offences.
#1. Impaired Driving Causing Bodily Harm
One of the offences listed under the proposed Removal of Serious Foreign Criminals Act is impaired driving causing bodily harm.
This means that if a permanent resident is found guilty of causing physical harm to others while driving under the influence of alcohol or drugs, they could face deportation without the opportunity for a hearing.
The Canadian government is aiming to expedite the removal process for individuals convicted of serious crimes to achieve faster removals and cost savings for taxpayers.
However, critics argue that the criteria for defining serious crimes are too broad, potentially impacting individuals who have strong ties to Canada and have lived in the country for a significant period.
#2. Cultivation of Marijuana
Another offence that could lead to the deportation of permanent residents under the proposed act is the cultivation of marijuana.
Even though Canada has legalized recreational cannabis use, the cultivation of marijuana can still have serious legal consequences for permanent residents.
If a permanent resident is involved in the cultivation of marijuana, they may face deportation without the opportunity for a hearing.
#3. Trafficking of Marijuana over 3 kg
In addition to the cultivation of marijuana, trafficking of significant amounts is also considered a serious crime that may result in deportation without a hearing.
Those caught trafficking marijuana over 3 kilograms as permanent residents could face severe consequences under the proposed legislation.
#4. Theft over $5,000
Theft is taken seriously under the proposed Removal of Serious Foreign Criminals Act, and any permanent resident convicted of theft involving an amount over $5,000 may be subject to deportation without the chance for a hearing.
The act is aimed at ensuring that individuals involved in serious criminal activities do not have the opportunity to remain in Canada.
#5. Robbery Without a Firearm
Robbery without the use of a firearm is another offence listed in the proposed act that could lead to the deportation of permanent residents.
Those convicted of robbery without a firearm and sentenced to a term exceeding the specified threshold may face the risk of being sent back to their home country without the possibility of a hearing.
#6. Possession of a Restricted Weapon with Ammunition
The possession of a restricted weapon, along with ammunition, is considered a serious crime under the proposed legislation.
Permanent residents found guilty of this offence may be subject to deportation without a hearing.
#7. Assault Causing Bodily Harm or with a Weapon
Acts of violence such as assault causing bodily harm or assault with a weapon are considered serious crimes that could result in the deportation of permanent residents without a hearing.
#8. Fleeing Police
Attempting to evade the authorities and fleeing the police is another offence that may lead to deportation for permanent residents under the proposed act.
Those convicted of this crime may face removal from Canada without the opportunity for a hearing.
As the proposed Removal of Serious Foreign Criminals Act aims to streamline the deportation process for permanent residents convicted of serious crimes, it is important l for individuals to be aware of the potential consequences and seek legal advice if facing such legal challenges
#9. Using or Possessing a Stolen or Forged Credit Card
Using or possessing a stolen or forged credit card is a serious offence that may lead to the deportation of permanent residents.
Under the proposed Removal of Serious Foreign Criminals Act, individuals convicted of this crime could be subject to deportation without the opportunity for a hearing.
The Canadian government aims to expedite the removal process for those involved in such criminal activities 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 the decision under certain circumstances.
The appeal process allows individuals to present their case before an immigration tribunal and seek a review of the deportation order.
It is essential to understand the specific grounds for appeal and the applicable timelines to ensure a valid and timely submission.
Seeking legal representation during the appeal process 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 the immigration authorities.
This includes appeals related to removal orders, residency obligations, and some immigration-related admissibility issues.
The appeal process provides an opportunity for individuals to challenge unfavourable decisions and have their 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 appeal process and available grounds for appeal may differ from those applicable to permanent residents and protected persons.
Foreign nationals must understand their specific appeal rights based on their immigration status and circumstances.
Reporting to Canada Border Services Agency (CBSA)
Canada Border Services Agency (CBSA) plays an important role in enforcing immigration laws and ensuring border security.
In certain situations, individuals may be required to report to CBSA as part of their immigration process or compliance with immigration requirements.
This could include individuals under immigration detention, those with a deportation order, or individuals with specific reporting conditions as determined by CBSA.
Complying with reporting requirements is essential for individuals to maintain their immigration status and avoid potential legal consequences.
Failure to report as required by CBSA could lead to further complications and jeopardize an individual’s stay in Canada.
During an appeal hearing, the Immigration Appeal Division (IAD) considers various factors to make a fair and informed decision on the case.
The IAD is an independent tribunal in Canada that handles appeals related to immigration matters. Some of the key factors considered by the IAD during an appeal hearing include:
#1. Humanitarian and Compassionate (H&C) Factors
The IAD takes into account humanitarian and compassionate considerations, especially when the appellant presents compelling reasons why they should be allowed to remain in Canada despite not meeting certain immigration requirements.
Factors such as family ties, establishment in Canada, best interests of children, and health conditions are considered under this category.
#2. Risk of Persecution or Danger
If the appellant claims that they would face persecution, cruel and unusual treatment, or danger if returned to their home country, the IAD will carefully assess the credibility of such claims and evaluate the risk the appellant might face.
#3. Best Interests of Children
When children are involved in the case, the IAD prioritizes their best interests in making a decision. This includes considering the potential impact of deportation on the children’s well-being and future.
#4. Country Conditions
The IAD may review the current situation in the appellant’s home country to understand the circumstances they may encounter upon return.
Factors such as political instability, human rights violations, or general safety conditions might be considered.
#5. Integration and Ties to Canada
The IAD evaluates the degree of the appellant’s integration into Canadian society, such as their language proficiency, employment history, community involvement, and length of residence in Canada.
#6. Criminality and Security Concerns
The IAD considers any criminal or security-related issues presented in the case. Convictions for serious crimes or matters of national security may have significant implications on the appeal decision.
#7. Previous Immigration History
The appellant’s immigration history and compliance with immigration laws in the past are taken into account.
#8. Evidence and Documentation
The IAD assesses the evidence and documentation presented during the appeal hearing, including witness testimonies and expert reports.
#9. Applicant’s Testimony
The appellant’s testimony and credibility play a crucial role in the decision-making process.
#10. Public Interest
The IAD weighs the public interest in granting the appeal, taking into account Canada’s immigration policies and objectives.
The IAD’s main objective is to ensure a fair and just outcome based on a thorough review of all relevant factors and evidence presented during the appeal hearing.
Consequences of Deportation
Deportation can have significant and far-reaching consequences for individuals and their families.
It involves the forced removal of a person from a country, which can result in a range of emotional, financial, and practical challenges.
Here are some of the primary consequences of deportation:
#1. Emotional and Financial Impact
Deportation can lead to severe emotional distress for the individual being deported and their loved ones.
The sudden and involuntary uprooting from one’s life and community can cause feelings of isolation, anxiety, and depression.
Moreover, the person deported may face difficulties finding stable employment or accessing social support in their home country, leading to financial hardship.
#2. Separation from Family Members
One of the most heart-wrenching consequences of deportation is the forced separation from family members.
In many cases, individuals facing deportation have built their lives and families in the country they are being deported from.
Being torn apart from spouses, children, or other family members can cause immense emotional pain and disrupt the stability of the affected families.
#3. Challenges in the Home Country
Returning to one’s home country after a prolonged absence can be extremely challenging.
The individual may encounter difficulties in reintegrating into a society they have been away from for years, adapting to cultural changes, or finding suitable housing and employment.
In some cases, deportees may also face stigmatization or discrimination upon their return.
#4. Legal and Immigration Consequences
Deportation can have long-term legal implications. It may result in the individual being barred from reentering the country for a specific period or even permanently.
This can have profound effects on personal relationships, educational and career opportunities, and future travel plans.
#5. Loss of Assets and Property
In some cases, individuals facing deportation may have to leave behind their assets, property, and belongings, which can lead to significant financial losses.
#6. Disruption of Education and Professional Careers
For individuals who have pursued education or built professional careers in the country they are being deported from, deportation can disrupt their progress and hinder their prospects.
They may be unable to complete their studies or continue working in their chosen fields.
#7. Increased Vulnerability and Safety Concerns
Deportation may expose individuals to heightened vulnerability, especially if their home country is experiencing political unrest, economic instability, or security issues.
There might be safety concerns for those who faced persecution or danger before seeking refuge in the host country. Deportation is a complex and deeply impactful process that goes beyond the immediate act of removal
FAQs
Can a permanent resident appeal a deportation order?
Yes, a permanent resident who receives a deportation order may have the right to appeal the decision. The appeal process allows them to present their case before the Immigration Appeal Division (IAD) to seek a review of the deportation order.
What factors does the IAD consider during an appeal hearing?
The IAD considers various factors, including humanitarian and compassionate grounds, risk of persecution or danger, best interests of children, integration and ties to Canada, country conditions, and criminality. Each case is evaluated based on its unique circumstances.
Can I appeal if I am a foreign national in Canada?
Yes, foreign nationals, including those seeking permanent residency, may have appeal rights in specific situations. The appeal process and grounds for appeal may differ from those applicable to permanent residents and protected persons.
Conclusion
You should dread deportation because out of all its Numerous effects, you won’t get to see Canada ever again; that’s what makes deportation a killing experience.
If you have received a deportation order and wish to stay in Canada, you should consider appealing the decision.
Seek legal representation to understand the grounds for appeal and the steps to take during the appeal process.
This action should be based on the fact that you have concrete proof to show that you don’t merit the deportation charge. Remember, honesty is the best policy.
