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

If a family member was just detained by the CBSA, or you have a removal order, a refugee hearing, or a work-permit problem you don't understand, the clocks in Canadian immigration law are short and unforgiving. Immigration is federal law under the Immigration and Refugee Protection Act (IRPA), and it moves fast: a detained person must be brought before the Immigration Division within 48 hours, a removal-order appeal to the Immigration Appeal Division is due in 30 days, and after the March 2026 changes under Bill C-12 a late refugee claim can be barred from a hearing altogether. You can call our free line now, day or night, to get clear legal information about IRPA, the Immigration and Refugee Board, and your first move - ask as many questions as you like. This is free legal information, not legal advice. Legal Hotline is not a law firm.

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Immigration Law in Ontario — 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. Anyone in immigration detention in Ontario may qualify for a free lawyer at that hearing through Legal Aid Ontario's Immigration Detention Representation Program. Write down the person's full name, date of birth, and country of birth, and any Client ID or document numbers from CBSA paperwork. 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 Ontario: Immigration Law

Immigration in Canada is FEDERAL law, not Ontario 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. Ontario's Superior Court of Justice and Ontario Court of Justice 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.

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. Federal Court deadlines are strict. Ontario'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
  • 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
  • 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)

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 Ontario Fits In

  • Ontario's Superior Court and Ontario Court of Justice do NOT decide immigration status, refugee claims, or removals
  • The IRB hears Ontario cases mainly out of Toronto; CBSA detains in Ontario facilities and at the Toronto Immigration Holding Centre
  • Ontario criminal or family court outcomes can have immigration consequences, but the immigration decision stays federal
  • Legal Aid Ontario (a provincial body) funds legal help for eligible refugee and immigration cases heard under federal law

The Bill C-12 Refugee Bars and the 48-Hour Detention Clock

Two things ruin Ontario immigration cases before they properly start. 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, and Legal Aid Ontario's Immigration Detention Representation Program can provide a free lawyer for that hearing. Missing the first review window, or letting someone sign away their rights in detention, can be very hard to undo. This is information, not legal advice. A free call to our line 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 you qualify for, and no one can promise a result. These are the real consequences and ranges Ontario residents face under IRPA.
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. Anyone detained in Ontario may qualify for a free lawyer through Legal Aid Ontario's Immigration Detention Representation Program.
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.
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. 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.
⚠️
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 the free representation that may be available through Legal Aid Ontario.

How it works

1
Call our free line now, day or night, with no income test and no web form. If a family member was just detained, a refugee deadline is near, or you have a removal order you don't understand, you can get information fast, in plain language. The line is available across Canada, including Quebec, because immigration emergencies don't keep office hours.
2
You'll talk to an AI assistant trained on Canadian immigration law under IRPA and on the Ontario 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, 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.
3
You'll be pointed to the right help. For many people that is Legal Aid Ontario, which funds refugee hearings, detention reviews, RAD appeals, PRRAs, and Federal Court work for those who are financially eligible and whose matter has merit. If you want a lawyer of your own, the Law Society Referral Service offers a free consultation, and JusticeNet offers reduced fees on a sliding scale. No pressure, your choice.

Free & low-cost Immigration Law help in Ontario

Ontario has a strong network of free and low-cost immigration and refugee help, much of it concentrated in the Toronto area where most IRB hearings for the province are held. These are verified, currently-live starting points. A free call to our line will help you work out which one fits your situation.

Ontario's public legal aid body funds help for financially eligible refugee and immigration matters with merit: filling in your Basis of Claim (BOC) forms, representation at your Refugee Protection Division hearing, written Refugee Appeal Division (RAD) appeals, detention reviews, Pre-Removal Risk Assessments, and Federal Court work including stays of removal. Apply or ask about eligibility at 1-800-668-8258.
LAO's specialist Refugee Law Office in Toronto represents clients at refugee hearings, detention reviews before the Immigration Division, appeals of removal orders, and Federal Court hearings. Anyone in immigration detention in Ontario may qualify for a free lawyer through the Immigration Detention Representation Program.
Free, plain-language legal information for Ontario from Community Legal Education Ontario, covering refugee claims, hearings, appeals, sponsorship, work permits, detention, H&C applications, and how immigration consequences flow from criminal charges. Includes a guided tool to draft an open work permit application from within Canada.
A long-running Toronto centre serving refugee claimants and people with precarious immigration status through every step of the refugee and appeal process. Free services include case management, hearing preparation and information sessions, help with paperwork, shelter for women and children, a health clinic, and anti-trafficking support. They work directly with claimants, not through paid agents.
A free service connecting Ontario residents with a lawyer or paralegal for a free consultation of up to 30 minutes by phone or in person. You can request someone who speaks your language or who accepts legal aid certificates, including immigration and refugee practitioners.
A national not-for-profit that helps people whose income is too high for legal aid but too low for standard fees. Lawyers and paralegals on its roster offer reduced rates on a sliding scale based on income and household size, including for immigration matters, with phone and video consultations available.
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 Ontario

CBSA just detained my family member in Ontario. 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. Anyone detained in immigration custody in Ontario may qualify for a free lawyer at that hearing through Legal Aid Ontario's Immigration Detention Representation Program (1-800-668-8258). Our free line is available now to give 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. A free call to our line will help you understand where you stand.

Which court handles my deportation case in Ontario - the Superior Court?

No. Immigration is federal, so removal, refugee, and detention matters are decided by the Immigration and Refugee Board (IRB), not Ontario'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. Ontario's Superior Court and Ontario 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 Ontario?

Yes. Legal Aid Ontario funds refugee hearings, detention reviews, RAD appeals, Pre-Removal Risk Assessments, and Federal Court work for people who are financially eligible and whose matter has merit; its specialist Refugee Law Office is in Toronto, and you can apply at 1-800-668-8258. Steps to Justice (CLEO) offers free plain-language information, and the FCJ Refugee Centre offers free support to refugee claimants. For a lawyer of your own, the Law Society Referral Service gives a free consultation and JusticeNet offers reduced sliding-scale fees.

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. Steps to Justice has a guided tool for drafting some in-Canada work permit applications, and a free call to our line 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. 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 Ontario affect my immigration status?

It can. A criminal conviction in an Ontario 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 Ontario'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. 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.


Are you an Ontario immigration or refugee lawyer? Join our network.

We're building a network of licensed Ontario practitioners ahead of launching a paid lawyer-consultation service - one that will connect anxious, time-pressured callers across Ontario, from Toronto and Ottawa to Windsor, London, and the north, with lawyers who can take refugee claims, detention reviews, removal and sponsorship appeals, Federal Court judicial reviews, work and study permit problems, and humanitarian and compassionate applications. If you are an Ontario-licensed immigration or refugee lawyer (or a regulated paralegal practising within scope), especially one who works in additional languages or accepts Legal Aid Ontario certificates, 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.

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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].

Call the Ontario Legal Hotline free, day or night.

Whether a family member was just detained by the CBSA, a refugee deadline is closing in under the new Bill C-12 rules, or you have a removal order or work-permit problem you don't understand, Canadian immigration law is federal, fast, and unforgiving of missed deadlines. Call our free line now to get free, plain-English information about IRPA, the Immigration and Refugee Board, and your first move - day or night, with no income test, and ask as many questions as you like. Legal Aid Ontario (1-800-668-8258) also funds free help for eligible refugee and immigration cases. This is free legal information, not legal advice, and creates no lawyer-client relationship. Legal Hotline is not a law firm. Just real help, the moment you need it.

Free legal information. Not legal advice.

Last updated 10 June 2026
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