I am illegal in Canada facing Deporation. How can I stop it? Can I appeal?

I am having a terrible time with Canada immigration and now I am due to be deported from Canada. It was set for 12th September 2009 but 20 minutes later I received a call from the agent at the CBSA and he told me that they made a mistake and my ticket is no longer valid.  I haven’t received a call back yet.  I have been in Canada for 20 years, worked and paid taxes in Montreal. After my Refugee file was denied I waited two years at the same apartment and never got the Pre Removal Risk Assessment (PRRA) form. So I moved and now I live in Ontario. I now have a Humanitarian and Compassionate claim filed at the Case Processing Centre in Mississauga, for almost two years now.

I know I can try to appeal to the Federal Court but it is very expensive. I do not want to go back to Commonwealth of Dominica. I haven’t been there since I was 16 years old.  What is your advice?

With an immigration history like yours and what appears to be an deportation order issued against you, your only option is to file an appeal to the Federal Court and ask them to Stay or “Freeze” your removal from Canada pending your Humanitarian and Compassionate Application. You should retain a lawyer to assist you with this as Federal court matters are complicated.

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Any information provided here does not constitute legal advice and is intended for general information only. Should you require legal advise, you are encouraged to contact a lawyer directly. All blog postings are public and are not subject to solicitor/client confidentially. Case results depend on a variety of factors unique to each case, and case results do not guarantee or predict a similar result in any further case undertaken by the lawyer.

About Michael Niren

Michael is a graduate of Osgoode Hall Law School in Toronto. He is a member of the Law Society of Upper Canada, the Canadian Bar Association’s Citizenship and Immigration Section and the American Bar Association. He is frequently called upon to appear in the media to discuss Canadian and US immigration issues effecting North Americans. He has been interviewed by Canada AM, CTV, Canada News Net, the Globe and Mail and the Toronto Star and has given lectures on immigration topics overseas.

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