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My deportation was postponed because of COVID-19. What will happen now?

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My deportation was postponed because of COVID-19. What will happen now?

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My deportation was postponed because of COVID-19. What will happen now?
Reviewed: 
December 17, 2020
Answer

As of November 30, 2020, the Canada Border Services Agency (CBSA) announced that it is going to start deporting people from Canada again. This means that CBSA will hold interviews to share decisions that have been made on pending applications, such as Pre-Removal Risk Assessments (PRRAs) and Humanitarian and Compassionate (H&C) applications. The interviews are also used to make arrangements to deport some people from Canada.

You could be asked to a CBSA interview because you:

  • could not be removed during the COVID-19 pandemic
  • are now eligible to apply for a PRRA
  • just received a negative decision on a pending application, which means CBSA will begin the process to deport you from Canada
  • just received a positive decision on a pending application that allows you to stay in Canada and apply for permanent residence

No deportations in some situations

CBSA doesn't deport people to certain countries because of unstable conditions there. There are some exceptions if you have a criminal record or CBSA has security concerns about you. Check this list to see if your country is included.

On December 9, 2020, the government announced that some refugee claimants who worked in healthcare during the pandemic would be eligible to apply for permanent residence. More information about that program can be found (here).

Try to stop your deportation from Canada

If your deportation from Canada is scheduled to happen, a lawyer might be able to apply to the Federal Court for a stay of removal. If the application is successful, your removal order will be suspended while you wait for the Federal Court to review a negative decision, such as a refused PRRA, H&C, or appeal to the Refugee Appeal Division (RAD).

In some situations, a lawyer might also be able to ask the CBSA to defer your deportation to a later date. This involves a written request that explains why it would be difficult or dangerous for you to have to leave Canada at this time.

These situations are complicated and it is best if you talk to a lawyer. If you don't have a lawyer, find out about getting legal help with an immigration issue here or a refugee issue here.

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