How an Immigration Lawyer Can Help with a CBSA Removal Order Interview

Receiving an invitation to a CBSA removal order interview can be unsettling. In many cases, it means the Canada Border Services Agency (CBSA) has reached a stage where it is actively assessing or preparing to enforce a removal order.

What happens next depends on your immigration history, the type of removal order, whether the order is enforceable, whether there are outstanding legal proceedings, and whether there are legal or practical impediments to removal.

This is also a point where getting legal advice quickly can matter. An immigration lawyer can review your status, determine whether any legal remedies remain available, help you prepare for the CBSA interview, and communicate relevant information to the CBSA officer before removal arrangements progress further.

What Is a CBSA Removal Order Interview?

A CBSA removal order interview is a meeting with a CBSA officer after a person has become subject to a removal process in Canada. The officer generally reviews the person's circumstances, confirms whether there are impediments to removal, determines whether appropriate travel documents are available, and explains the next steps in the removal process.

The Canada Border Services Agency is responsible for enforcing removal orders against both a foreign national and, in some circumstances, a permanent resident who is subject to an enforceable order. Under section 48 of the Immigration and Refugee Protection Act (IRPA), once a removal order is enforceable, the person must leave Canada and the order must be enforced as soon as possible.

A removal interview should not be confused with other types of CBSA interviews. Online searches often produce information for candidates applying for employment as a border services officer, including interview preparation involving role play, an interview coach, reasoning skills, effective interactive communication, core values, values and ethics, different competencies, feedback and employment-related interview questions. That is an entirely different assessment process.

A removal interview concerns your immigration status, your ability to remain in Canada, and the enforcement of a removal order.

Why Does the Canada Border Services Agency Schedule an Interview?

CBSA generally schedules a removal interview when a person's removal order has become enforceable and the agency is assessing what is required to carry out the removal. The officer may review legal, practical and logistical issues before determining the next steps.

For example, the CBSA officer may assess:

• whether your removal order is currently enforceable;

• whether you have a passport or other valid travel documents;

• whether you are eligible for a pre-removal risk assessment;

• whether there is an outstanding immigration or Federal Court proceeding;

• whether there are medical, family or other circumstances relevant to removal;

• your current address, telephone number and other contact information;

• whether you are complying with any certain conditions previously imposed;

• whether additional documentation must be obtained from your country of nationality; and

• how and when removal arrangements may be completed.

This is not an exhaustive list. Every removal case is different, and CBSA officers may request additional relevant information depending on the person's history.

The CBSA states that its removal priorities include cases involving national security, serious criminality, organized crime and international or human rights violations.

What Documents Should You Bring to a CBSA Removal Order Interview?

You should carefully review the interview invitation and bring every document specifically requested by CBSA. Depending on the case, you may also want documents that establish your identity, immigration history, outstanding legal proceedings and any circumstances that may affect removal.

Documents may include:

1. Your CBSA interview invitation or direction to report.

2. Your passport and other identity or travel documents.

3. Copies of immigration decisions and your removal order.

4. Proof of pending applications, appeals or judicial review proceedings.

5. Documents relating to any request to defer removal.

6. Medical evidence where a health issue affects your ability to travel.

7. Documents concerning Canadian children or other dependants where their interests are relevant.

8. Proof of your address and contact information.

9. Copies of submissions already provided to CBSA, IRCC, the Immigration and Refugee Board or the Federal Court.

Do not assume that CBSA already has every document simply because it was previously submitted to another part of Canada's immigration system.

An immigration lawyer can review the file before the interview and determine what evidence should be provided, what documents CBSA should already have, and whether additional written submissions are appropriate.

Is Attendance at a CBSA Interview Mandatory?

If CBSA directs you to report for a removal interview, you should treat that direction seriously. Failure to attend a required removal interview can have significant consequences, including the possible issuance of a Canada-wide immigration warrant.

If you are genuinely unable to attend on the scheduled date, you should not simply ignore the request. Contact the CBSA office and obtain legal advice immediately. Depending on the reason, you may need to provide documentary proof explaining why you cannot attend and request another appointment.

One common mistake is assuming that a pending immigration application automatically gives a person authorization to remain in Canada or automatically suspends removal. That is not necessarily the case.

Similarly, simply filing an application for leave and judicial review in the Federal Court does not in every case prevent CBSA from proceeding with removal. Depending on the circumstances, a separate stay of removal may be necessary. IRPA specifically recognizes stays imposed by the Immigration Appeal Division or a court of competent jurisdiction.

Can a Lawyer Attend a CBSA Interview?

A lawyer can provide important assistance before and during the CBSA removal process, including communicating with the officer, reviewing the legal status of the removal order, preparing documents and submissions, and addressing available remedies. Whether counsel physically attends a particular interview can depend on the circumstances and CBSA's procedures for the appointment.

Legal representation is particularly valuable before the interview because the lawyer can first assess what stage the case has reached.

If a person is arrested or detained, additional legal rights arise. Section 10(b) of the Canadian Charter of Rights and Freedoms provides a person who is arrested or detained with the right to retain and instruct counsel without delay and to be informed of that right.

What Happens at a Removal Order Interview?

During the interview, a CBSA inland enforcement officer will generally review whether there are outstanding impediments to removal and what steps are needed to complete the process. This can include confirming identity, obtaining or reviewing travel documents and assessing eligibility for a pre-removal risk assessment (PRRA).

If you are eligible for a PRRA, a CBSA officer will advise you of that eligibility. You cannot simply decide to submit a PRRA whenever you wish. CBSA must first determine that you are eligible.

A PRRA gives certain individuals facing removal an opportunity to explain why returning to another country would expose them to risks such as: persecution; torture; risk to life; or cruel and unusual treatment or punishment.

The purpose of the assessment is to ensure that an eligible person is not removed to a country where they face the qualifying risks contemplated by Canada's refugee protection system.

If CBSA determines that you are eligible, removal generally will not proceed until the PRRA process has been addressed in accordance with the applicable rules, including where the person applies and a decision remains outstanding.

There may also be circumstances where counsel makes a request to defer removal. CBSA materials recognize that deferral requests can arise after a removal interview or once a removal date has been fixed, including in relation to children's interests, medical circumstances or a short period needed to conclude personal affairs.

What Type of Removal Order Do You Have?

There are three types of removal orders under Canada's Immigration and Refugee Protection Regulations: a departure order, an exclusion order and a deportation order.

Departure Order

A departure order generally requires the person to leave Canada within 30 days after the order becomes enforceable and properly confirm their departure with CBSA. If the requirements are met, the person may potentially re-enter Canada in the future if they otherwise meet Canada's entry requirements.

If the departure is not properly completed within the required period, the departure order can become a deportation order.

Exclusion Order

An exclusion order generally prevents a person from returning to Canada for one year. Where the exclusion order was issued because of misrepresentation, the exclusion period is generally five years.

A person seeking to return earlier may require an Authorization to Return to Canada (ARC).

Deportation Order

A deportation order requires the person to leave Canada and creates an ongoing bar to returning without written authorization. A person who later wants to re-enter Canada will generally need to obtain an ARC.

This is why confirming exactly which order was issued, when it became enforceable and whether it was properly enforced is important before making future international travel plans.

Common Mistakes to Avoid Before a CBSA Interview

A removal interview can involve stressful situations, but preparation can help you communicate clearly and avoid making the situation more difficult.

Common mistakes include:

• ignoring the interview invitation;

• arriving without requested documents;

• assuming another immigration application automatically stops removal;

• providing guesses instead of accurate answers;

• withholding important information from your lawyer;

• becoming argumentative when dealing with difficult situations;

• signing or waiving something without understanding the consequences;

• failing to disclose a pending Federal Court or immigration proceeding; and

• waiting until a removal date has been scheduled before obtaining legal assistance.

There is no benefit to treating the meeting like a test of interview skills. You do not need rehearsed responses or artificial role play. You should remain calm, listen carefully to the officer's questions, provide truthful and complete answers, and ask for clarification if you do not understand what is being requested.

Accuracy and integrity are particularly important when dealing with immigration and border security authorities.

Seek Legal Representation Before a CBSA Removal Order Interview

A CBSA removal order interview can be an important turning point in an immigration case. By the time CBSA schedules the meeting, the removal process may already be moving forward, which means there may be limited time to determine what legal options remain.

An experienced Canadian immigration lawyer can review the removal order, immigration history and relevant decisions; determine whether an appeal, PRRA, deferral request or Federal Court proceeding may be available; prepare supporting evidence; communicate with CBSA officers; and advise you about what to expect at the interview.

If you have received an interview invitation or direction to report from the Canada Border Services Agency, obtaining legal advice before attending can help you understand the process and make informed decisions about your case.