What Happens After We Submit Your Deferral Request?

• CBSA Decision:
  ‍- CBSA officers review the request and decide whether to defer your removal.
• If Approved:
  - You are granted temporary relief from deportation.
  - During this time, we assist with additional steps to secure your long-term immigration status, such as Humanitarian and Compassionate applications or Pre-Removal Risk Assessments (PRRA).
• If Denied:
  We can pursue further legal actions, such as judicial review in Federal Court, to challenge the decision.

The Process of Requesting a Deferral of Removal in Canada

• 1. Case Assessment
  A thorough evaluation of the individual’s circumstances is conducted to determine if there are valid grounds for requesting a deferral. Common reasons include:
  - Humanitarian and Compassionate Grounds: Family separation, hardship, or other personal considerations.
  - Risk in the Country of Origin: Evidence of persecution, torture, or severe harm if returned.
  - Medical Concerns: Critical medical conditions that require treatment unavailable in the home country.
• 2. Submission of the Deferral Request
  ‍The deferral request is submitted directly to the CBSA officer handling the deportation. This includes a detailed written statement outlining the reasons for the request and any supporting documentation to substantiate the claims.
  Key Elements of the Request:
  ‍Explanation of the new or urgent circumstances that justify delaying removal.Evidence such as medical records, risk assessments, or proof of integration into Canadian society.
• 3. Supporting Documentation
  The success of the deferral request heavily depends on the quality of the supporting evidence. This may include:
  - Reports from medical professionals, psychologists, or other specialists.
  - Affidavits or letters from family members, community leaders, or employers.
  - Documentation demonstrating risks in the home country, such as expert opinions or country condition reports.
• 4. Review and Decision by CBSA
  The CBSA officer reviews the submitted request and supporting documents to decide whether a deferral is warranted.
  Factors Considered:
  - The immediacy and severity of the risks posed by removal.
  - The impact on the individual’s health, safety, and family.
  - Whether the request aligns with Canada’s humanitarian obligations.
• 5. Outcome of the Deferral Request
  If Approved:
  - The removal is temporarily postponed, providing time to pursue other legal remedies or applications, such as a Pre-Removal Risk Assessment (PRRA) or Humanitarian and Compassionate (H&C) application.
  If Denied:
  - Other legal options, such as judicial review, may be pursued to challenge the decision.

Differences Between a TRP and a Temporary Resident Visa (TRV)

• For individuals who are inadmissible to Canada or do not meet entry requirements.
• Issued for exceptional cases where the need to enter outweighs potential risks.

• For eligible individuals who meet all standard entry requirements.
• Commonly issued for tourism, business, or family visits.

Temporary Resident Permit for Criminal Inadmissibility

• You have a compelling reason to visit Canada.
• You can prove rehabilitation or show that your offense is not a serious threat to Canadian society.

Benefits of a Temporary Resident Permit

• Legal Entry: Provides a legal pathway for individuals who are otherwise inadmissible to enter Canada temporarily.
• Flexibility: Allows individuals to visit Canada for specific, time-sensitive reasons.
• Opportunity for Resolution: While not permanent, holding a TRP can pave the way to demonstrate good conduct, potentially helping with future visa or rehabilitation applications.