New Brunswick Immigration & Refugee Lawyer Help

Immigration Law in New Brunswick — what to do right now

If someone was just detained by the Canada Border Services Agency (CBSA), your first job is to locate them and make sure no one signs anything without understanding it. CBSA must bring a detained person before the Immigration Division of the Immigration and Refugee Board (IRB) within 48 hours for a detention review; if detention continues, the next review is within 7 days, then every 30 days after that. Write down the person's full name, date of birth, and country of birth, and any Client ID or document numbers from CBSA paperwork. In New Brunswick, the New Brunswick Refugee Clinic in Moncton can prepare and represent low-income refugee claimants before the IRB. Do not let anyone agree to leave Canada or sign a removal-related form without first understanding the consequences, because some choices give up appeal rights and trigger long bars on returning.

The law in New Brunswick: Immigration Law

Immigration in Canada is FEDERAL law, not New Brunswick law, and that is the single most important thing to understand because it decides which decision-maker you are in front of. Everything runs under the Immigration and Refugee Protection Act (IRPA, S.C. 2001, c. 27) and its regulations. New Brunswick's Court of King's Bench and Provincial Court do NOT decide immigration status, refugee claims, removals, or work permits. Those are decided by federal bodies: Immigration, Refugees and Citizenship Canada (IRCC) handles permanent residence, sponsorship, work and study permits, and citizenship; the CBSA handles enforcement, detention, and removals; and the Immigration and Refugee Board of Canada (IRB) is the independent tribunal that decides refugee claims and appeals and reviews detention.

The IRB has four divisions, and knowing which one you are in front of matters. The Refugee Protection Division (RPD) decides refugee claims. The Refugee Appeal Division (RAD) hears most appeals from RPD decisions. The Immigration Division (ID) reviews detention and holds admissibility hearings. The Immigration Appeal Division (IAD) hears appeals of certain removal orders, refused family sponsorships, and residency-obligation decisions. There is no general "immigration court" the way some people imagine; you are in a specific division with its own rules and deadlines. New Brunswick falls within the IRB's Eastern region.

Where New Brunswick differs is at the permanent-residence end, which the province itself helps run. The New Brunswick Provincial Nominee Program (NBPNP) lets the province nominate workers, graduates, and entrepreneurs who meet its labour-market and demographic needs, through streams such as Express Entry, Skilled Worker, Strategic Initiative, the Critical Worker Pilot, and Business Immigration; a provincial nomination is a powerful boost toward a federal permanent-residence decision, which IRCC still makes. The Atlantic Immigration Program (AIP) is employer-driven and shared across the four Atlantic provinces (New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador): a designated employer makes a job offer and endorses the candidate, who then applies to IRCC for permanent residence without a Labour Market Impact Assessment. The AIP became a permanent program on 1 January 2022 after running as a pilot. As Canada's only officially bilingual province, New Brunswick also recruits French-speaking newcomers as a standing priority, including through the NBPNP Strategic Initiative stream for Francophone candidates. These provincial pathways decide selection; the federal admissibility, refugee, removal, and appeal rules below still govern who can stay.

Refugee protection runs under IRPA sections 96 and 97, and the process changed substantially on 26 March 2026 when Bill C-12 (the Strengthening Canada's Immigration System and Borders Act) received royal assent. It created two new eligibility bars that can stop a claim from ever being referred to the RPD: a claim is ineligible if it is made more than ONE YEAR after the person's first entry into Canada on or after 24 June 2020, and a claim is ineligible if it is made more than 14 DAYS after entering between official ports of entry along the Canada-United States land border. These bars apply retroactively to claims made on or after 3 June 2025. People caught by them are not simply deported without review: they keep access to a Pre-Removal Risk Assessment (PRRA), and unaccompanied minors are exempt. The Canada-US Safe Third Country Agreement also continues to bar most claims made at the land border by people coming from the US, with limited exceptions. These rules are technical and the consequences are severe, which is exactly why getting accurate information early matters.

Removal, appeals, and judicial review each carry their own hard deadlines. A removal order can be a departure order, an exclusion order, or a deportation order, and which one you get changes whether and when you can return. An appeal to the Immigration Appeal Division (IAD) of a removal order or a refused sponsorship must reach the Division within 30 days. After the IRB and the appeal divisions have finished, the only further step is an application for leave and judicial review in the Federal Court of Canada under IRPA section 72: the deadline is 15 days for a decision made inside Canada and 60 days for a decision made outside Canada, and you first need the Court's permission ("leave") before a full hearing. A finding of serious criminality under IRPA section 36 can make a permanent resident or foreign national inadmissible and lead to a removal order, and in serious cases removes the right to appeal. Federal deadlines are strict. New Brunswick's own courts sit alongside all of this only where a criminal charge, a family matter, or a provincial issue overlaps with immigration consequences; the immigration decision itself is always federal.

Key Federal Legislation (applies across Canada)

Immigration and Refugee Protection Act (IRPA), S.C. 2001, c. 27 - the governing statute for all immigration and refugee matters
Immigration and Refugee Protection Regulations (IRPR), SOR/2002-227 - the detailed rules under IRPA
IRPA s. 96 and s. 97 - the definitions of a Convention refugee and a person in need of protection
IRPA s. 36 - inadmissibility for criminality and serious criminality
Bill C-12 (2026), Strengthening Canada's Immigration System and Borders Act - new refugee eligibility bars, royal assent 26 March 2026
Citizenship Act, R.S.C. 1985, c. C-29 - for naturalization and proof of citizenship

Decision-Makers (all federal)

IRCC - permanent residence, sponsorship, work and study permits, citizenship, H&C applications, and the final decision on NBPNP and AIP cases
CBSA - enforcement, immigration detention, and removals from Canada
IRB Refugee Protection Division (RPD) - decides refugee claims
IRB Refugee Appeal Division (RAD) - most appeals from RPD refusals
IRB Immigration Division (ID) - detention reviews and admissibility hearings
IRB Immigration Appeal Division (IAD) - removal-order, sponsorship, and residency appeals
Federal Court of Canada - leave and judicial review of immigration decisions (IRPA s. 72)

New Brunswick's Provincial Pathways (selection only - IRCC still decides PR)

New Brunswick Provincial Nominee Program (NBPNP) - Express Entry, Skilled Worker, Strategic Initiative, Critical Worker Pilot, and Business Immigration streams
Atlantic Immigration Program (AIP) - employer-driven; permanent since 1 January 2022; shared by NB, NS, PEI, and NL
AIP needs a job offer from a designated employer plus an endorsement; no Labour Market Impact Assessment required
Francophone immigration - NB, Canada's only officially bilingual province, prioritises French-speaking newcomers, including via the NBPNP Strategic Initiative

Deadlines That Cannot Be Missed

Detention review: CBSA must bring a detainee before the ID within 48 hours, then 7 days, then every 30 days (IRPA s. 57)
Refugee claim eligibility (Bill C-12): barred if made more than 1 year after first entry on/after 24 June 2020
Refugee claim eligibility (Bill C-12): barred if made more than 14 days after crossing the Canada-US land border between ports of entry
IAD appeal of a removal order or refused sponsorship: 30 days from receiving the decision
Federal Court leave and judicial review: 15 days (decision made in Canada) or 60 days (made outside Canada) under IRPA s. 72
PRRA: typically 15 days to submit the application, then 15 more days for written submissions

Where New Brunswick Fits In

New Brunswick's Court of King's Bench and Provincial Court do NOT decide immigration status, refugee claims, or removals
The IRB hears New Brunswick cases within its Eastern region; CBSA enforces and detains under federal authority
New Brunswick criminal or family court outcomes can have immigration consequences, but the immigration decision stays federal
The province runs the NBPNP and helps deliver the AIP, but IRCC makes the final permanent-residence decision

The Bill C-12 Refugee Bars, the 48-Hour Detention Clock, and the NBPNP/AIP Pathways

Three things shape New Brunswick immigration cases. First, since 26 March 2026, Bill C-12 can bar a refugee claim from ever reaching a hearing: file more than one year after your first entry to Canada (on or after 24 June 2020), or more than 14 days after crossing the Canada-US land border between ports of entry, and your claim may be ineligible for the Refugee Protection Division. These bars reach back to claims made on or after 3 June 2025. If you are anywhere near either limit, the timing is the emergency, not the paperwork; people barred this way still get a Pre-Removal Risk Assessment, but that is a narrower process. Second, if a loved one is detained by the CBSA, the law gives them a detention review before the Immigration Division within 48 hours, then within 7 days, then every 30 days; the New Brunswick Refugee Clinic in Moncton can help low-income claimants before the IRB. Third, New Brunswick's permanent-residence routes - the NBPNP and the employer-driven Atlantic Immigration Program (permanent since 1 January 2022), plus the province's Francophone priority - have their own forms and timelines, and a wrong move on a nomination, an endorsement, or a work permit can stall a case for years. This is information, not legal advice. Call the New Brunswick Legal Hotline free, any time, and the AI assistant will tell you which clock is ticking on your case.

Likely outcomes & penalties

Immigration outcomes in Canada turn on the specific facts, the deadlines, and which form of relief or pathway you qualify for, and no one can promise a result. These are the real consequences and ranges New Brunswick residents face under IRPA and the province's pathways.

Removal order

A departure order, exclusion order, or deportation order under IRPA. A departure order followed correctly (leaving and confirming departure within 30 days) lets you return more easily; if you don't, it can become a deportation order. An exclusion order usually bars return for 1 year (5 years for misrepresentation). A deportation order bars return permanently unless you get written authorization (an ARC) to come back.

Detention by the CBSA

Immigration detention is not a criminal sentence and has no fixed term. The Immigration Division reviews it within 48 hours, then 7 days, then every 30 days, and may order release, sometimes with a bond or conditions. In New Brunswick, the New Brunswick Refugee Clinic in Moncton can assist low-income people in the refugee and detention context before the IRB.

Refugee claim refused / barred

A refused claim can often be appealed to the Refugee Appeal Division, and then to the Federal Court by leave. A claim barred under Bill C-12 (the one-year or 14-day rule) does not get an RPD hearing at all, but the person keeps access to a Pre-Removal Risk Assessment before any removal. Both paths are document-heavy and time-limited.

NBPNP nomination or AIP endorsement problem

A New Brunswick nomination or an Atlantic Immigration Program endorsement is a strong step toward permanent residence, but IRCC still decides admissibility and the final PR application. A withdrawn job offer, a designation issue with the employer, a missed settlement-plan step, or a misrepresentation can derail a case - and a refusal at the federal stage can sometimes be challenged only by Federal Court judicial review under IRPA s. 72.

Misrepresentation finding

Being found to have misrepresented a material fact under IRPA s. 40 typically means a 5-year bar on entering Canada and inadmissibility, and it can unravel status already granted, including a nomination or PR obtained through the NBPNP or AIP. It is one of the most damaging findings in Canadian immigration law, which is why accuracy on every form matters.

Mistakes to avoid

⚠️

Assuming the old rules still apply: since 26 March 2026, Bill C-12 can bar a refugee claim made more than one year after first entry, or more than 14 days after crossing the Canada-US land border between ports of entry. Waiting to "get settled" before claiming can cost the right to a hearing entirely.

⚠️

Treating a departure order like a deportation order, or ignoring it. A departure order followed correctly within 30 days preserves an easier return; left unconfirmed, it can harden into a deportation order that bars return permanently.

⚠️

Missing the 30-day window to appeal to the Immigration Appeal Division, or the 15-day (in-Canada) / 60-day (outside-Canada) deadline for Federal Court leave and judicial review. These deadlines are strict and a late filing is usually simply gone.

⚠️

Treating an NBPNP nomination or an Atlantic Immigration Program endorsement as the finish line. It is not - IRCC still decides the permanent-residence application and admissibility, and losing the designated-employer job offer, missing a settlement-plan requirement, or letting status lapse can sink an otherwise strong case.

⚠️

Putting a wrong or outdated address on file with IRCC, the IRB, or CBSA, then missing a hearing or letter. Missing a refugee hearing can lead to your claim being declared abandoned; missing other steps can trigger a removal order without you in the room.

⚠️

Letting someone sign a statement or agree to leave Canada while in CBSA detention without understanding it, instead of waiting for the detention review and seeking help, such as the New Brunswick Refugee Clinic for eligible claimants.

How it works

Call the New Brunswick Legal Hotline free, day or night, with no income test and no web form. If a family member was just detained, a refugee deadline is near, you have a removal order you don't understand, or an NBPNP or Atlantic Immigration Program application has gone sideways, you can get information fast, in plain language. Help in many languages is the goal - including French, in keeping with New Brunswick's bilingual character - because immigration emergencies don't keep office hours.

You'll talk to an AI assistant trained on Canadian immigration law under IRPA and on the New Brunswick landscape. Explain what's happening in plain words, and ask as many questions as you like. The assistant gives clear legal information: how detention reviews work, whether a Bill C-12 bar may apply to a refugee claim, how the NBPNP and Atlantic Immigration Program fit with the federal PR decision, what an Immigration Appeal Division appeal involves, and where the Federal Court deadlines fall. This is legal information, not legal advice, and creates no lawyer-client relationship. Legal Hotline is not a law firm.

You'll be pointed to the right help. For refugee and detention matters that often means the New Brunswick Refugee Clinic in Moncton, which prepares and represents low-income claimants before the IRB. Settlement organisations in Moncton, Fredericton, and Saint John help with newcomer support and Atlantic Immigration Program settlement plans, and PLEIS-NB offers free bilingual legal information. If you want a lawyer of your own, the Law Society of New Brunswick's public directory lets you find practitioners by location and language. No pressure, your choice.

Free & low-cost Immigration Law help in New Brunswick

New Brunswick has a growing network of free and low-cost immigration, refugee, and settlement help, concentrated in Moncton, Fredericton, and Saint John. The province's public legal aid does not generally cover immigration and refugee matters, so the specialist clinic and settlement organisations below matter most. These are verified, currently-live starting points. Call the New Brunswick Legal Hotline free, any time, and the AI assistant will help you work out which one fits your situation.

New Brunswick Refugee Clinic (Moncton)

The province's specialist clinic for refugee claimants who cannot afford a private lawyer. It provides pre-claim consultations, prepares Basis of Claim materials, and represents claimants through the entire refugee determination process before the Immigration and Refugee Board, including help with permanent-residence applications on humanitarian and compassionate grounds for at-risk people. Located at 327 St George Street, Suite 204, Moncton; appointments at 506-204-5781.

Multicultural Association of the Greater Moncton Area (MAGMA)

A long-established settlement organisation supporting newcomers in the Greater Moncton area for over four decades, with staff speaking more than 20 languages. MAGMA helps with essential settlement services, orientation to life in Canada, language learning, and connecting newcomers - including Atlantic Immigration Program and Francophone arrivals - to local supports.

Multicultural Association of Fredericton (MCAF)

Fredericton's main newcomer settlement organisation, helping with settlement registration, English-language classes, and settlement-plan applications for permanent residence through the Atlantic Immigration Program, along with practical orientation to housing, banking, taxes, and health coverage.

YMCA Newcomer Connections (Saint John)

The Greater Saint John YMCA's newcomer service, offering settlement support, employment and language help, and orientation for immigrants and refugees in the Saint John area. Reach the team at 506-634-4860 or [email protected].

PLEIS-NB - Public Legal Education and Information Service of New Brunswick

A non-profit offering free, bilingual (English and French) legal information to the public online, in print, and through workshops, plus a toll-free Legal Information Line. It does not give legal advice, but it is a trusted plain-language starting point for understanding the legal system in New Brunswick. Information Line: 1-888-236-2444.

Law Society of New Brunswick - Public Directory

The regulator of lawyers in New Brunswick maintains a searchable public directory of practising lawyers, including by location and languages of practice, so you can find an immigration or refugee practitioner in Moncton, Fredericton, Saint John, or elsewhere in the province. The Law Society does not guarantee a lawyer's expertise or that they will take your case.

Immigration and Refugee Board of Canada (IRB)

The official site of the independent federal tribunal that decides refugee claims and appeals and reviews detention. It explains each division (RPD, RAD, ID, IAD), the steps in a refugee claim, forms, deadlines, and how hearings work - the authoritative source on the process itself.

FAQ — Immigration Law in New Brunswick

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

Immigration detention has no fixed term and is not a criminal sentence. 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. In New Brunswick, the New Brunswick Refugee Clinic in Moncton (506-204-5781) can assist low-income people in the refugee and detention context before the IRB. The New Brunswick Legal Hotline is live now and gives free 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 retroactively 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. The New Brunswick Legal Hotline is live now and will help you understand where you stand.

What is the Atlantic Immigration Program, and how is it different from the NBPNP?

Both are pathways to permanent residence, but they work differently. The Atlantic Immigration Program (AIP) is employer-driven and shared across the four Atlantic provinces (New Brunswick, Nova Scotia, Prince Edward Island, and Newfoundland and Labrador): a designated employer makes you a job offer and endorses you, and you then apply to IRCC for permanent residence without a Labour Market Impact Assessment. It became a permanent program on 1 January 2022. The New Brunswick Provincial Nominee Program (NBPNP) is run by the province and nominates workers, graduates, and entrepreneurs through several streams. In both, the province selects or endorses, but IRCC makes the final permanent-residence decision and admissibility determination.

Does New Brunswick have special pathways for French-speaking immigrants?

Yes. As Canada's only officially bilingual province, New Brunswick treats Francophone immigration as a standing priority and recruits French-speaking newcomers, including through the NBPNP Strategic Initiative stream aimed at French-speaking candidates with connections to the province. French-language settlement support is available, and provincial government services are accessible in French. The selection happens at the provincial level, but the federal immigration, refugee, removal, and appeal rules still govern who can ultimately stay. The New Brunswick Legal Hotline is live now and will help you understand which pathway fits.

Which court handles my deportation case in New Brunswick - 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 New Brunswick'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. The only further step is an application for leave and judicial review in the Federal Court of Canada. New Brunswick's Court of King's Bench and Provincial Court 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. The New Brunswick Legal Hotline is live now and 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 New Brunswick?

New Brunswick's public legal aid does not generally cover immigration and refugee cases, but specialist help exists. The New Brunswick Refugee Clinic in Moncton (506-204-5781) prepares and represents low-income refugee claimants before the IRB at no cost. Settlement organisations - MAGMA in Moncton, the Multicultural Association of Fredericton, and YMCA Newcomer Connections in Saint John - support newcomers, including with Atlantic Immigration Program settlement plans. PLEIS-NB offers free bilingual legal information, and the Law Society of New Brunswick's public directory helps you find a lawyer by location and language.

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 - which can matter a great deal if your pathway depends on a designated-employer job offer under the Atlantic Immigration Program. The New Brunswick Legal Hotline is live now and will help you understand your options.

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. The New Brunswick Legal Hotline is live now and 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 New Brunswick affect my immigration status?

It can. A criminal conviction in a New Brunswick court can make a permanent resident or foreign national inadmissible to Canada under IRPA section 36 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 New Brunswick'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. The New Brunswick Legal Hotline is live now and will help you understand the overlap.

Are you a New Brunswick immigration or refugee lawyer? Join our network.

We're building a network of licensed practitioners across New Brunswick - from Moncton and Saint John to Fredericton, Bathurst, and the north - ahead of launching a paid lawyer-consultation service for anxious, time-pressured callers who need help with refugee claims, detention reviews, removal and sponsorship appeals, Federal Court judicial reviews, NBPNP and Atlantic Immigration Program matters, work and study permit problems, and humanitarian and compassionate applications. If you are a New Brunswick-licensed immigration or refugee lawyer, especially one who practises in both English and French or who works with Atlantic Immigration Program and Francophone newcomer cases, we'd like to add you to the network we're building ahead of launching paid consultations in Canada. Express your interest and we'll be in touch.

For Lawyers →

Last updated: 10 June 2026. Reviewed by the Legal Hotline Editorial Team.

General legal information, not legal advice. We research every page from primary sources — legislation, the courts, and government legal-aid bodies — and check it for accuracy against current Canadian federal and provincial law. Spotted something out of date? Tell us at [email protected].

CBSA Took Someone in New Brunswick? Facing Removal, a Refugee Deadline, or an NBPNP Problem? Get a Free Answer.