Immigrating to Canada offers countless opportunities for a better life, but it’s essential to understand the rules and responsibilities that come with this privilege.
While Canada is known for its welcoming attitude toward immigrants, there are specific actions that can lead to serious consequences, including deportation. Whether you’re a permanent resident or a temporary visa holder, certain behaviors or legal infractions can put your status at risk.
In this blog post, we’ll explore the critical factors that could lead to deportation in Canada, helping you stay informed and safeguard your future in this diverse and vibrant country.
If you plan to move to Canada, congratulations on making it to the Great White North! However, as an immigrant, you must be aware that certain actions can lead to deportation. To help you stay on the right side of the law, here are some key offenses that could result in deportation:
1. Impaired Driving Causing Bodily Harm
Under the proposed Removal of Serious Foreign Criminals Act, impaired driving that results in bodily harm is a serious offense. If a permanent resident is convicted of causing harm while driving under the influence of drugs or alcohol, they could be deported without a hearing. The Canadian government aims to expedite the removal of individuals convicted of serious crimes, but critics argue that the broad criteria could impact those with strong ties to Canada.
2. Cultivation of Marijuana
Even though recreational cannabis use is legal in Canada, cultivating marijuana can still have serious legal consequences. Permanent residents involved in marijuana cultivation could face deportation without a hearing under the proposed legislation.
3. Trafficking of Marijuana Over 3 kg
Trafficking large quantities of marijuana, specifically over 3 kilograms, is considered a serious crime. Permanent residents caught trafficking significant amounts of marijuana could be deported without a hearing under the proposed act.
4. Theft Over $5,000
Theft involving more than $5,000 is taken seriously in Canada. If a permanent resident is convicted of such theft, they may be deported without a hearing under the proposed Removal of Serious Foreign Criminals Act.
5. Robbery Without a Firearm
Robbery without using a firearm is another serious offense that could lead to deportation. Permanent residents convicted of such robbery and sentenced beyond a certain threshold may be deported without the possibility of a hearing.
6. Possession of a Restricted Weapon with Ammunition
Possessing a restricted weapon along with ammunition is considered a serious crime under the proposed act. Permanent residents found guilty of this offense could be deported without a hearing.
7. Assault Causing Bodily Harm or with a Weapon
Violent acts like assault causing bodily harm or assault with a weapon are viewed as serious crimes. Permanent residents convicted of these offenses could face deportation without a hearing.
8. Fleeing from Police
Attempting to evade law enforcement by fleeing from the police is a crime that could result in deportation for permanent residents under the proposed legislation.
9. Using or Possessing a Stolen or Forged Credit Card
Using or possessing a stolen or forged credit card is a serious offense that could lead to deportation. Individuals convicted of this crime may be deported without a hearing as the government seeks to protect public safety and the integrity of the immigration system.
How to Appeal a Deportation Order
If you receive a deportation order as a permanent resident, you may have the right to appeal. The appeal process allows you to present your case before the Immigration Appeal Division (IAD) and seek a review of the deportation order. Understanding the grounds for appeal and applicable timelines is crucial. Seeking legal representation can greatly improve your chances of a successful appeal.
Appeal Rights for Permanent Residents and Protected Persons
Permanent residents and protected persons can appeal certain decisions made by immigration authorities, including removal orders and residency obligations. The appeal process provides an opportunity to challenge unfavorable decisions and have them reviewed by an independent tribunal.
Appeal Rights for Foreign Nationals
Foreign nationals, including temporary residents and those seeking permanent residency, may also have appeal rights in specific situations. However, the appeal process and grounds for appeal may differ from those available to permanent residents and protected persons. Understanding your specific rights based on your immigration status is essential.
Reporting to Canada Border Services Agency (CBSA)
The Canada Border Services Agency (CBSA) enforces immigration laws and ensures border security. Individuals may be required to report to the CBSA as part of their immigration process or to comply with specific conditions. Failure to report as required can lead to complications and jeopardize your stay in Canada.
Factors Considered During an Appeal Hearing
During an appeal hearing, the IAD considers various factors, including:
1. Humanitarian and Compassionate (H&C) Factors
The IAD considers humanitarian and compassionate factors, such as family ties, establishment in Canada, and the best interests of children.
2. Risk of Persecution or Danger
The IAD carefully assesses claims of persecution, danger, or cruel treatment if the appellant is returned to their home country.
3. Best Interests of Children
The well-being and future of any children involved are prioritized in the IAD’s decision-making process.
4. Country Conditions
The IAD reviews conditions in the appellant’s home country, including political instability and human rights violations.
5. Integration and Ties to Canada
The IAD evaluates the appellant’s integration into Canadian society, including language skills, employment, and community involvement.
6. Criminality and Security Concerns
Criminal and security-related issues are considered, with serious crimes or national security concerns having a significant impact on the appeal.
7. Previous Immigration History
The appellant’s past compliance with immigration laws is taken into account.
8. Evidence and Documentation
The IAD reviews all evidence, including witness testimonies and expert reports.
9. Applicant’s Testimony
The appellant’s testimony and credibility play a critical role in the hearing.
10. Public Interest
The IAD weighs the public interest in granting the appeal, considering Canada’s immigration policies and objectives.
Consequences of Deportation
Deportation can have far-reaching consequences, including:
1. Emotional and Financial Impact
Deportation can cause severe emotional distress and financial hardship, leading to feelings of isolation, anxiety, and depression.
2. Separation from Family Members
Deportation often results in painful separation from family members, disrupting the stability of affected families.
3. Challenges in the Home Country
Reintegrating into society in the home country can be challenging after a prolonged absence, leading to difficulties in finding employment and housing.
4. Legal and Immigration Consequences
Deportation can result in long-term legal implications, such as being barred from reentering Canada, affecting personal relationships and future opportunities.
5. Loss of Assets and Property
Deportees may face significant financial losses if they have to leave behind assets and property.
6. Disruption of Education and Professional Careers
Deportation can disrupt education and careers, making it difficult to continue studies or work in chosen fields.
7. Increased Vulnerability and Safety Concerns
Deportation may expose individuals to heightened vulnerability and safety concerns, especially if returning to a country facing political or economic instability.
Conclusion
Deportation is a serious consequence with lasting effects. If you face a deportation order, it’s crucial to seek legal representation and consider appealing the decision if you believe you have valid grounds. Honesty and strong evidence are key in navigating the appeal process and striving for a successful outcome.
FAQs
Can a permanent resident appeal a deportation order?
Yes, permanent residents can appeal a deportation order to the Immigration Appeal Division (IAD) to seek a review.
What factors does the IAD consider during an appeal hearing?
The IAD considers factors such as humanitarian and compassionate grounds, risk of persecution, best interests of children, integration into Canadian society, and criminality.
Can foreign nationals appeal deportation in Canada?
Yes, foreign nationals may have appeal rights in specific situations, but the grounds and process may differ from those for permanent residents.