Immigration and Refugees Law
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No. Receiving a Canada Border Services Agency (CBSA) deportation interview letter or a Direction to Report does not mean your return to Iran is guaranteed or absolute. However, it signifies that your immigration file has entered an active enforcement phase. If immediate legal actions are not taken, the actual execution of your removal can happen very quickly.
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When a removal order becomes enforceable, Canadian authorities operate under strict statutory obligations. According to Section 48(1) of the Immigration and Refugee Protection Act (IRPA):
“A removal order is enforceable if it has come into force and is not stayed.”
Once that enforceability is triggered, Section 48(2) of the IRPA commands rapid action:
“If a removal order is enforceable, the foreign national against whom it was made must leave Canada immediately and the order must be enforced as soon as possible.”
This means that while the CBSA must legally advance the removal process, the law explicitly recognizes that an order can only be executed if it is not stayed. If a valid statutory or judicial stay is put in place, the entire deportation process must halt.
When you receive a CBSA deportation interview letter, the agency is organizing logistics: assessing passports, establishing travel routes, verifying transit permissions, and setting tentative departure windows. It represents a practical step toward enforcement rather than a definitive legal finality.
The Federal Court has clarified that entering this operational phase does not strip a foreign national of their legal recourses. In Girn v. Canada (Public Safety and Emergency Preparedness), 2023 FC, the Court outlined the constraints placed on enforcement officers:
“the enforcement officer is required to enforce the removal order as soon as possible; that their discretion is restricted to determining when, and not if, the removal will be executed”
While the officer’s internal discretion is focused on the timing rather than the cancellation of the removal, the case itself demonstrates that remedies remain active. In Girn, the applicant participated in multiple interviews and received a formal Direction to Report:
“A further, seventh, removal interview took place on December 19, 2023 where Mr. Girn was served with a Direction to Report for removal on January 1, 2024… On December 22, 2023, Mr. Girn proceeded to seek a deferral of his removal”
This demonstrates that a CBSA interview signifies a severe escalation of risk, but it remains a process that can still be contested through proper legal channels.
Judicial history confirms that Canadian courts frequently intervene even after the CBSA has scheduled explicit departure dates and issued a Direction to Report. For instance, in Razon v. Canada (Public Safety and Emergency Preparedness), 2022 FC, the Court stepped in after enforcement logistics were finalized:
“On September 14, 2022, Mr. Razon received a Direction to Report for Removal. On September 16, 2022, he requested deferral of his removal… THIS COURT ORDERS that the motion for a stay of removal is granted.”
The Federal Court has applied these identical legal protections to individuals facing removal specifically to Tehran. In Sharifpouran v. Canada (Citizenship and Immigration), 2023 FC, the Court blocked a scheduled deportation:
“The applicant shall not be removed from Canada until his application for leave and judicial review of the October 25, 2023, decision refusing to defer his removal is finally determined.”
Similarly, in Akbari v. Canada (Public Safety and Emergency Preparedness), 2021 FC, the Court paused a scheduled departure despite the prior completion of pre-removal interviews:
“their removal to Iran scheduled for July 10, 2021 is stayed for a period of four (4) months”
In another critical Iranian case, Nayeb Pashaei v. Canada (Public Safety and Emergency Preparedness), 2021 FC 212, the removal was successfully stayed by the Court:
“the order that the Applicant is to be removed from Canada to Iran is stayed pending final disposition of the Applicant’s application for leave and judicial review”
These rulings emphasize that a CBSA interview invitation does not mean a flight to Iran is inevitable.
Depending on the unique facts of your immigration history, several specific legal frameworks may be utilized to challenge or pause an active removal process.
An individual can formally ask an Inland Enforcement officer to temporarily defer their scheduled removal. However, applicants must understand that this administrative discretion is strictly narrow. As stated in Baron v. Canada (Minister of Public Safety and Emergency Preparedness), 2009 FCA 81:
“It is trite law that an enforcement officer’s discretion to defer removal is limited.”
The Court of Appeal further observed that waiting until the final moments to initiate a secondary application does not stop the clock:
“the filing of such an application, at a late stage in the removal process, was not per se an impediment to removal.”
If the CBSA Inland Enforcement officer refuses the deferral request, the primary legal recourse is filing an urgent application for Leave and Judicial Review alongside a motion for a Stay of Removal in the Federal Court of Canada. To succeed, the applicant must meet a rigorous three-stage test reiterated in Abdullah v. Canada (Public Safety and Emergency Preparedness), 2024 FC:
“the Applicant must satisfy the following three-part test which requires the Applicant to establish: (1) there is a serious issue to be tried… (2) there will be irreparable harm if the stay is not granted; and (3) that the balance of convenience favours granting the stay”
Crucially, when challenging an officer’s refusal to defer, the legal standard becomes higher:
“there is a higher threshold to establish a serious issue as the Applicant is seeking review of the refusal of CBSA to defer his removal”
The IRPA provides a specialized risk assessment process under Section 112(1):
“A person in Canada… may, in accordance with the regulations, apply to the Minister for protection if they are subject to a removal order that is in force”
However, this mechanism contains strict temporal limits. Section 112(2)(b.1) and (c) impose a mandatory 12-month bar on accessing a PRRA following a previous refugee rejection or final decision. This exact barrier arose in Nayeb Pashaei v. Canada, 2021 FC 212:
“The Applicant is not eligible for a Pre-Removal Risk Assessment [PRRA] until the 12-month bar expires on July 28, 2021. He sought a deferral of his removal until he becomes eligible to submit a PRRA”
When the PRRA bar is active, the lack of access to an assessment can serve as a core argument within a deferral request or a Federal Court stay motion.
Under specific conditions, the law triggers automatic statutory stays. Section 50 of the IRPA identifies these instances:
“A removal order is stayed … if a decision that was made in a judicial proceeding … would be directly contravened by the enforcement of the removal order” : s 50(a)
“for the duration of a stay imposed by the Immigration Appeal Division or any other court of competent jurisdiction” : s 50(c)
“for the duration of a stay imposed by the Minister” : s 50(e)
A frequent point of confusion is whether having an active Humanitarian and Compassionate (H&C) application protects an individual from deportation. Under established Canadian jurisprudence, it does not. In Baron v. Canada, 2009 FCA 81, the Federal Court of Appeal ruled:
“the mere existence of an H&C application did not constitute a bar to the execution of a valid removal order.”
This principle was reinforced in Barco v. Canada (Public Safety and Emergency Preparedness), 2018 FC 421, which clarified that an outstanding H&C application:
“did ‘not automatically give rise to a statutory stay of removal under the IRPA and its Regulations, nor is it meant to pose as an impediment to removal.'”
Therefore, you cannot assume your removal is paused simply because an H&C file remains under review.
Failing to attend your scheduled CBSA removal interview carries severe legal consequences. In Baron v. Canada, 2009 FCA 81, the Court viewed the applicants’ non-compliance negatively, explicitly highlighting that:
“the appellants had failed to report for their pre-removal interviews”
Furthermore, your statutory duty to comply with the enforcement process is absolute. As confirmed by the Federal Court of Appeal in Lunyamila v. Canada, 2018 FCA 22:
“The condition was also consistent with the obligation imposed by subsection 48(2) of the Act on Mr. Lunyamila to leave Canada immediately, and the obligation on the CBSA to enforce the removal order as soon as possible.”
Ignoring or avoiding the letter can result in the issuance of an immigration arrest warrant, detention, and a significantly compromised position when seeking judicial remedies from the Federal Court.
Finally, under Section 240 of the Immigration and Refugee Protection Regulations (IRPR), a removal order is only legally considered “enforced” when the foreign national physically exits Canada and successfully gains lawful entry into their destination country:
“A removal order… is enforced when the foreign national appears before an officer at a port of entry… obtains a certificate of departure… departs from Canada; and… is authorized to enter… their country of destination.”
If you face objective personal risks in Iran—whether relating to religion, political profiling, security matters, sexual orientation, specialized medical vulnerabilities, or judicial records—these factors must be legally presented with robust documentation. In Akbari v. Canada, 2021 FC, the Court intervened based on detailed country condition reports regarding risks to religious minorities, while in Nayeb Pashaei v. Canada, 2021 FC 212, the Court affirmed:
“Those documents and his allegations must be examined and properly determined, before it is safe to remove him from Canada.”
Receiving a CBSA deportation interview letter means your timeline is critical, but the legal pathway to protect your stay in Canada remains open if pursued accurately through the courts by Pax Law Corporation.
No, it means the CBSA is actively planning the logistics of your removal, but legal remedies like deferrals and Federal Court stays are still available.
No, according to Canadian case law, an outstanding Humanitarian and Compassionate (H&C) application does not automatically stay or halt an enforceable removal order.
Failing to attend without a legal reason can lead to serious consequences, including the issuance of an arrest warrant and negative weight in future legal evaluations.
The information presented is for informational and educational purposes only and may not be accurate. This information does not replace getting legal advice from a qualified, practicing lawyer. If you are facing a legal dilemma, you should make an appointment and consult with one of our licensed and practicing lawyers.
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