One of our key services is to stop or delay removals from Canada. Receiving a removal order (departure order/ exclusion order/ deportation order) may be extremely stressful for the individual and their family. Over the past +15 years, we have been helping individuals deal with this situation to help explain the situation to the CBSA Officer and, if necessary, to advocate on behalf of our clients at Federal Court. Recently, we were successful with a Deferral Request and our client’s removal order was canceled.
In this case, our client is well established in Winnipeg. He has the support of his family and he has Canadian children. CBSA has been trying to remove him from Canada, pursuant to section 48 of IRPA:
Enforcement of Removal Orders
Enforceable removal order
48 (1) A removal order is enforceable if it has come into force and is not stayed.
(2) If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible.
On behalf of our client, we produced a package of +190 pages of supporting documents, legal submissions and objective evidence to the CBSA Officer. To be frank, this was a difficult case and, at the beginning, I advised the client that we had a low chance at a successful result. Throughout the process, however, we were able to put together a very strong package and I am extremely proud of the work done by the team.
As you know from the title of this post, our Deferral Request was granted by CBSA and our client’s removal date has been canceled. To be clear, the Officer did not cancel the removal order itself. It continues to be enforceable and we will likely be dealing with CBSA on behalf of this client again in the future.
For now, our client has been granted permission to stay in Canada with his family and he is not at risk of being removed.
We love helping our clients and working to keep families together.