A removal order may be issued by the Minister’s delegate at an Airport or other Port of Entry to Canada, if an immigration officer determines that a permanent resident has failed to comply with the Residency Obligation, or on grounds of Serious Criminality on the part of a permanent resident. Unfortunately, the Courts have held that there is no automatic right to counsel under these circumstances where a person has not yet been admitted to Canada or has not yet been detained. In practice, Canada Border Services Agency may allow you to call us. Our emergency telephone number is (604) 970 0629.
Immigration Canada takes the view that if a permanent resident fails to appeal a removal order of this type within 30 days, they automatically lose their permanent resident status.
If on the other hand you are detained and held in Immigration custody, you do have the right to be represented by counsel of your choice. The law requires a Hearing be held at specific intervals in which your counsel may present arguments as to why you should be released or present alternatives to detention
The Courts have from time to time found that Immigration Refuges and Citizenship Canada (ICCRC) has made “reviewable errors” in decisions. If you believe that ICCRC has made one or more mistakes in assessing your case, was biased against you, followed an unfair procedure, or that the ICCRC decision needs to be Appealed, contact us promptly, as there are strict time limits to apply for Judicial Review.
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