Refugee Infractions leading to deportation

[scylla]

does that mean he can't be deported now?

No, it doesn't necessarily mean that. His PR could still be refused for some reason and he could be ordered to leave Canada. However he would of course have the ability to appeal. Generally speaking, none of this stuff moves quickly. If he is going to be removed from Canada, quite possible it may take years.

IMO your friend would be mistaken in hoping a quick deportation will fix her situation. She needs to get the help of a family lawyer to assist with the divorce, protect her assets, etc. as advised by a few of us earlier.

 

[Bornlucky]

does that mean he can't be deported now?

It's still possible, but it's very complicated: https://laws-lois.justice.gc.ca/eng/acts/i-2.5/section-115.html?wbdisable=true

IRPA: Protection

• 115 (1) A protected person or a person who is recognized as a Convention refugee by another country to which the person may be returned shall not be removed from Canada to a country where they would be at risk of persecution for reasons of race, religion, nationality, membership in a particular social group or political opinion or at risk of torture or cruel and unusual treatment or punishment.
• Marginal note: Exceptions
  (2) Subsection (1) does not apply in the case of a person
  • (a) who is inadmissible on grounds of serious criminality and who constitutes, in the opinion of the Minister, a danger to the public in Canada; or
  • (b) who is inadmissible on grounds of security, violating human or international rights or organized criminality if, in the opinion of the Minister, the person should not be allowed to remain in Canada on the basis of the nature and severity of acts committed or of danger to the security of Canada.

There has to be presentable, credible evidence that the person is a serious criminal that is accepted as a finding of fact at Adjudication (where a Deportation Order is made based on the allegations) and where the CBSA creates, approves and serves a "Danger opinion" that can easily become an issue at the Federal Court of Canada for years.

An alternative is to provide evidence of concealed criminality, or some provable, concocted evidence that misled the Refugee decision-maker resulting in the positive Convention refugee finding. In any case, the CBSA could look to vacate that positive determination, have the claim re-adjudicated and if there was a new negative decision, start the long road to removal.

https://laws-lois.justice.gc.ca/eng/acts/i-2.5/page-20.html

Applications to Vacate

Marginal note: Vacation of refugee protection

• 109 (1) The Refugee Protection Division may, on application by the Minister, vacate a decision to allow a claim for refugee protection, if it finds that the decision was obtained as a result of directly or indirectly misrepresenting or withholding material facts relating to a relevant matter.

The question of the CBSA undertaking this long haul hinges upon evidence, and the oft asked question of what constitutes material evidence is always, "what have you got?"

That's how one might see a Convention refugee removed from Canada.