Canadian Criminal Deportation Defense Attorney
Criminal Inadmissibility Immigration Appeals Lawyer Dil Gosal
ARE YOU FACING DEPORTATION FROM CANADA BECAUSE OF A CRIMINAL RECORD? Even minor charges can make you deportable. TAKE THIS SERIOUSLY. I once had a family member call on behalf of a person who was at the airport waiting for deportation. Don’t wait until it’s too late!
Get experienced criminal defence counsel Dil Gosal working for you today. Don’t take chances with people who have not spent years dedicated to the pursuit of law and fighting cases in Criminal Court. D. Gosal & Associates has those years of experience and will use them to get you the best possible outcome.
We have the unique perspective of being criminal counsel and can help you navigate through the process of criminal deportation proceedings.
Admissibility Hearings From the Immigration Division
Removal Proceeding from either
1. Immigration Division; or
2. Immigration Appeal Division (IAD), under the IRPA (Immigration and Refugee Protection Act, SC).
Canadian Immigration laws are enforced by two federal government agencies:
- Citizenship and Immigration Canada (CIC). CIC is responsible for Canadian immigration and citizenship.
- Canada Border Services Agency (CBSA) – Responsible for border services (port-of-entry services), customs and enforcement of some immigration laws in Canada. For example, CBSA officers work at borders and ports of entry, and handle arrests, detentions and removals.
These agencies work with the Royal Canadian Mounted Police (RCMP), the Canadian Security Intelligence Services (CSIS) and the Minister of Public Safety and Emergency Preparedness.
Investigation and Admissibility Hearings
CIC and CBSA conduct investigations into people who they believe may have violated the Immigration and Refugee Protection Act (IRPA). If there is sufficient evidence of a breach of the Act, CIC or CBSA officers may deal with the people involved or direct them to appear at an Admissibility Hearing. The admissibility hearing is held in front of a member of the Immigration Division of the Immigration and Refugee Board (IRB).
Arrests and Detention
If they believe that you will not appear at future immigration proceedings or are a potential danger to the public, an officer can arrest you. This can happen when you arrive to Canada, within Canada or at an immigration inquiry. A CBSA officer, an RCMP officer or a local police officer may arrest you.
Following an arrest, an officer can place you in detention. You may be held at a local jail, correctional facility or at an immigration detention centre. If you are arrested and/or put in detention, the officer must tell you about your Legal Rights, such as your right to Retain and Instruct a Lawyer, under section 10 of the Charter of Rights and Freedoms. Even before you get arrested, if these questions are more than routine questions, the officer must inform you of your right to speak to a lawyer. Not a right to an immigration consultant, but a lawyer.
There are different reasons why someone can be considered inadmissible to Canada. At my office, I deal almost exclusively with Inadmissibility Due to Criminality. For certain serious offences, an adjudicator or senior immigration officer may issue a removal order. A removal order means that you must leave the country according to specific instructions.
There are different types of removal orders, including a departure order, a deportation order and an exclusion order. Generally, a deportation order means that you are permanently barred from Canada unless you get written permission from the Minister of Citizenship and Immigration to return.
Appeals of Removal Orders
In some cases, you can appeal a Removal Order. All appeals are heard by the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).
The Federal Court of Canada Trial Division may judicially review the IAD’s ruling. This means that they review the legal procedures used in the case. However, they do not review the facts of the case, as they sit as an appellate Court.