CBSA Took Someone in Alberta? Facing Removal or a Refugee Deadline? Get a Free Answer.

CBSA just detained my family member in Alberta. How does a detention review work?

Immigration detention has no fixed term and is not a criminal sentence. Alberta no longer holds immigration detainees in its provincial jails and has no immigration holding centre, so the person may be transferred to a federal holding centre in another province - locate them quickly. Wherever they are held, the CBSA must bring the detained person before the Immigration Division of the IRB within 48 hours for a review of the reasons for detention; if detention continues, the next review is within 7 days, then every 30 days after that. Anyone detained in immigration custody may qualify for help with the detention review through Legal Aid Alberta. Call our free line for information on what the first 48 hours look like.

How long do I have to make a refugee claim in Canada after the 2026 changes?

Since Bill C-12 received royal assent on 26 March 2026, two new bars apply. A claim can be ineligible for a Refugee Protection Division hearing if it is made more than one year after your first entry into Canada on or after 24 June 2020, or more than 14 days after crossing the Canada-US land border between official ports of entry. These bars apply to claims made on or after 3 June 2025. People barred this way still get a Pre-Removal Risk Assessment, and unaccompanied minors are exempt. If you are near either limit, the timing is urgent. A free call to our line will help you understand where you stand.

Which court handles my deportation case in Alberta - the Court of King's Bench?

No. Immigration is federal, so removal, refugee, and detention matters are decided by the Immigration and Refugee Board (IRB), not Alberta's courts. Refugee claims go to the Refugee Protection Division, most refugee appeals to the Refugee Appeal Division, detention and admissibility to the Immigration Division, and certain removal and sponsorship appeals to the Immigration Appeal Division. Alberta cases run through the IRB's Western Regional Office. The only further step is an application for leave and judicial review in the Federal Court of Canada, which has registry offices in Calgary and Edmonton. Alberta's Court of King's Bench and Court of Justice do not decide immigration status.

I got a removal order. Can I appeal it, and how long do I have?

It depends on the type of order and your status. Many removal orders and refused family sponsorships can be appealed to the Immigration Appeal Division (IAD), and that appeal must reach the Division within 30 days of receiving the decision. If the IAD route is not available, or after it, the next step is an application for leave and judicial review in the Federal Court under IRPA section 72, due in 15 days for a decision made in Canada or 60 days for one made outside Canada. These deadlines are strict. A free call to our line will help you understand which path applies.

What is the difference between a departure order, an exclusion order, and a deportation order?

All three are removal orders under IRPA, but the consequences differ. A departure order requires you to leave and confirm your departure (usually within 30 days); done correctly, returning later is easier, but if you don't comply it can become a deportation order. An exclusion order usually bars you from returning for one year, or five years if it was for misrepresentation. A deportation order bars return permanently unless you obtain written Authorization to Return to Canada. Knowing which one you have changes everything about your options.

Is there free immigration and refugee legal help in Alberta?

Yes. Legal Aid Alberta funds refugee claims, appeals, detention reviews, and Federal Court judicial reviews for people who are financially eligible and whose matter has merit. The Calgary Catholic Immigration Society and the Centre for Newcomers in Calgary, and Catholic Social Services in Edmonton, offer free settlement help, including for refugee claimants, in many languages. For a lawyer of your own, the Law Society of Alberta's Find a Lawyer directory lets you search for and verify an immigration or refugee practitioner.

My work permit is expiring. What should I do?

Work permits are issued by IRCC under IRPA, and the safest move is to apply to extend or change your status before the current permit expires. If you apply to extend before expiry, you generally keep "maintained status" (formerly implied status) and can usually keep working under the same conditions while IRCC processes the application. Letting a permit lapse without applying can cost your authorization to work and complicate your status. An Alberta settlement agency like the Calgary Catholic Immigration Society or Catholic Social Services in Edmonton can help with the practical steps, and a free call to our line will help you understand your options.

What is the Alberta Advantage Immigration Program, and is it the same as a refugee claim?

No - they are completely different. The Alberta Advantage Immigration Program (AAIP) is the province's economic-immigration stream that nominates skilled workers and entrepreneurs who meet Alberta's labour-market needs for federal permanent residence; it is about work, skills, and business, not protection. A refugee claim is a request for protection under IRPA s. 96 or s. 97 because you would be at risk if returned to your country. They run on entirely separate tracks. If you are unsure which pathway fits your situation, a free call to our line can point you in the right direction.

Can the Safe Third Country Agreement stop my claim at the border?

Often, yes. Under the Canada-US Safe Third Country Agreement, most people who try to claim refugee protection at the Canada-US land border after coming from the United States are turned back to make their claim there, with limited exceptions (such as certain family members in Canada or unaccompanied minors). Bill C-12's new 14-day land-border bar adds a further limit for those who do enter. These border rules are technical, and a small detail can decide eligibility. A free call to our line will help you understand whether an exception might apply.

What happens if I miss my refugee hearing or a deadline?

It can be serious. Missing a Refugee Protection Division hearing can lead to your claim being declared abandoned, and missing other steps can lead to a removal order. Late appeals are usually rejected: the Immigration Appeal Division generally needs your appeal within 30 days, and the Federal Court needs a leave application within 15 days (in-Canada decision) or 60 days (outside Canada). In limited cases you can ask to reopen a matter or for an extension of time for special reasons, but it is far better not to miss the deadline. Keep your address current with IRCC and the IRB so you actually receive notices.

Will a criminal charge in Alberta affect my immigration status?

It can. A criminal conviction in an Alberta court can make a permanent resident or foreign national inadmissible to Canada under IRPA for "criminality" or "serious criminality," which can lead to a removal order and, for serious cases, loss of the right to appeal. The criminal case is decided in Alberta's courts, but the immigration consequences are federal and separate. If you are not a citizen and face criminal charges, the immigration angle matters from the very first appearance. A free call to our line will help you understand the overlap.

I think an officer made a mistake on my application. Can I challenge it?

Possibly. Many IRCC and IRB decisions can be challenged by an application for leave and judicial review in the Federal Court of Canada under IRPA section 72, which has registry offices in Calgary and Edmonton for Alberta matters. You first need the Court's permission ("leave") before a full hearing, and the deadline is strict: 15 days for a decision made inside Canada and 60 days for a decision made outside Canada from when you were notified. The Court reviews whether the decision was reasonable and fair, not whether it would decide differently. Because the window is short, act quickly. A free call to our line will help you understand the process.