For those with refugee status in Canada, the threat of deportation due to a criminal conviction carries repercussions that can permanently alter the course of their lives, destabilize family units, and risk returning those under asylum to nations where they face significant hardship if not danger to their well-being.
While refugees are made aware that they can be deported if convicted of a crime, they may not realize that, per the Immigration and Refugee Protection Act (IRPA), refugees convicted of or accused of a serious crime are at immediate risk for deportation, which can occur without an admissibility hearing.
In this context, “serious crimes” are defined as offences that are punishable by a sentence of ten or more years, convictions resulting in a sentence of over six months, or involvement in organized crime.
If you hold refugee status in Canada and are facing serious criminal charges, the harsh reality is that it is essential to get legal support immediately. Doing so may be the only way of preventing your deportation or securing your ability to return to Canada in the future.
At Vayeghan Litigation, we understand how crucial trusted legal counsel is to help prevent deportation, and we are proud to fight for the rights of those who have entered Canada under claims of asylum or refugee status. Below, we’ll examine the crucial benefits of an immigration attorney specializing in criminal defence, as well as refugee and asylum cases, when it comes to creating a successful case against deportation. Read on to learn more.
Understanding the Stakes
The Canadian legal system takes a strict stance against the continued admission of foreign nationals who are convicted of criminal acts. This strict stance pushes for the deportation of convicted offenders, even if they are in the country under asylum or as refugees. For those who have fled to Canada to escape persecution, the imminent threat of violence, or to reunite with family members who have already successfully immigrated, the possibility of deportation in such cases is often devastating. Being forcefully repatriated to their country of origin may present a significant risk to a person’s life or continued well-being and, ultimately, the opportunity to rebuild their lives in a safe, stable environment. Deportation often doesn’t just affect the foreign national in question; its consequences extend to family members they have in Canada, as well as spouses, children, or relatives they may have intended to help immigrate in the future. These repercussions make it imperative for refugees to take immediate action when facing such a situation.
The Role of Legal Representation: How An Immigration Lawyer Can Help Fight Deportation
Securing experienced legal representation is essential to overcoming deportation orders and, in many cases, is the only way to navigate complex immigration cases successfully. At Vayeghan Litigation, we offer our clients the following benefits pertaining to matters of deportation:
Exceptional Knowledge of Immigration Law
Canadian immigration law and statutes are intricate, with most matters featuring multiple nuances and complexities that require a high level of understanding to navigate effectively, particularly when time is of the essence. At Vayeghan Litigation, our immigration attorneys bring leading legal acumen to each case to effectively challenge deportation orders. Our team understands that every refugee or asylum seeker’s circumstances are unique, and we thoroughly scrutinize criminal charges and allegations to determine whether the charges levied meet the threshold for “serious criminality,” identify procedural errors, protect against rights violations, and utilize legal defences that give you the strongest chance of being able to remain in Canada and build a new life with peace of mind.
Petitioning On Humanitarian Grounds
Refugees often have compelling humanitarian reasons to remain in Canada, including family reunification, medical conditions, or reasonable assumption of harm should they return to their home countries. Immigration lawyers often fight to appeal extradition on such grounds, arguing that deportation serves to render greater harm than rectify a crime done using key points of evidence like testimonies, medical records and any relevant documentation.
When utilized effectively and introduced by a highly experienced attorney, compassionate and humanitarian grounds can be an extremely effective measure that helps to delay or circumvent deportation, or at the very least, obtain an admissibility hearing to allow for more time to build the strongest case possible for allowing you to remain in the country.
Navigating the Appeals Process
The appeals process for deportation is complex and features strict deadlines and procedures that must be met. An immigration lawyer will be familiar with these factors and ensure that their client’s appeals are filed correctly and on time. Vayeghan Litigation’s lawyers are adept at identifying legal grounds for appeal, whether by challenging the conviction itself or by focusing on the circumstances that warrant a re-evaluation of the deportation order. Our team will guide you through the entire process, providing counsel you can trust when it matters most.
Preventing Deportation Before It Becomes a Reality
When facing the potential for deportation, the goal of your immigration is to intercede as quickly as possible and stall (if not completely avoid) the deportation process before it becomes inevitable. The approach of your legal team will vary depending on the unique specifics of your case but often involves negotiating plea agreements to lessen or drop charges, pursuing criminal rehabilitation where applicable, and leveraging their experience to explore any available avenue to fight against deportation. By taking an aggressive, proactive approach, refugees facing deportation stand a better chance of being able to remain in the country and avoid forced removal.
Let Us Advocate for Your Ability to Remain in Canada
Facing deportation is an incredibly stressful and isolating experience that often leaves refugees feeling overwhelmed and afraid for their long-term well-being. Vayeghan Litigation’s team of immigration lawyers are here to work with you and provide personal advocacy, support, and legal guidance that you can trust to defend your rights and create a compelling case against deportation.
Based in Vancouver, British Columbia, our team recognizes the high stakes involved in deportation cases and is dedicated to providing the robust legal representation you need to protect your future. Whether it’s fighting a deportation order in court, challenging the basis of a criminal conviction, or presenting compelling humanitarian arguments, Vayeghan Litigation stands by your side every step of the way.
BOOK YOUR FREE CONSULTATION NOW
CONTACT US NOW at 778-653-3995 or email us at law@mvlitigation.com to receive an initial consultation today. For immigration law matters, our fee is $250 plus tax, which includes up to 1 hour for the initial consultation. More questions? View our FAQs here .
