By Yussif Silva and Edris Arib
When an international student, temporary foreign worker, or permanent resident is scheduled for an interview with the Canada Border Services Agency (CBSA), it is often a sign of serious underlying concerns that could impact their status in Canada. These concerns may pertain to potential inadmissibility, violations of immigration conditions, or broader issues of non-compliance. CBSA interviews can lead to significant immigration consequences, including removal from Canada. In such cases, it is critical to secure strategic legal guidance as early as possible.
At Heron Law Offices, we provide focused and experienced representation for clients dealing with enforcement interviews.
What is the Purpose of the CBSA Interview?
In preparing you for a CBSA interview, we will first determine the nature and purpose of the interview. For example, are you subject to an existing removal order, or is this part of an investigation that could lead to one? Have other investigative steps been taken? Is there a risk of detention?
CBSA interviews typically stem from the following concerns, although this is not an exhaustive list:
- Working or studying in Canada without authorization (Immigration and Refugee Protection Act [IRPA] s. 41);
- Staying in Canada beyond the authorized period (IRPA s. 41);
- Lying, omitting information, or incorrectly answering questions on immigration applications (Misrepresentation, IRPA s. 40);
- Criminal conviction in Canada (IRPA s. 36);
- Criminal conviction or charges overseas (IRPA s. 36);
- Allegations of membership in an organization believed to be involved in criminal activity (IRPA s. 37);
- Allegations of membership in an organization believed to have engaged in human rights violations (IRPA s. 34)
Understanding context allows us to tailor our strategy and secure you the best outcome possible.
Is Attendance Mandatory?
According to section 16 (1.1) of the IRPA, “a person who makes an application must, on request of an officer, appear for an examination.”
However, attendance to a CBSA interview may not be mandatory. For example, attendance may not be mandatory where you are invited to provide information in an interview about someone else’s immigration application.
At Heron Law, we investigate the purpose of the interview with the relevant authorities to determine whether you must attend.
Interview Preparation
Preparation is essential. If you decide to attend the interview, we will work closely with you to ensure you understand your rights, obligations, and risks.
At Heron Law, we conduct mock interviews where you learn what to expect and can become more comfortable with the procedure.
We prepare you to answer questions truthfully, without speculation, and avoid volunteering unnecessary information.
Lawyer Presence at the Interview
Under section 10(b) of the Charter of Rights, you have the right to counsel if detained for, during, or as a result of a CBSA interview. In other cases, the CBSA’s enforcement manuals 4 and 6 state that officers should allow the presence of counsel.
During the interview, we can intervene if necessary to ensure the officer’s questions are within the scope of the investigation and that procedural fairness is respected. Our experienced advocacy ensures your legal rights are upheld throughout the process.
Evidence Preparation
A strong legal approach includes preparing and submitting all necessary documentation in advance of or during the interview. This can include:
- Canadian immigration documents (i.e., study or work permit; permanent residence card; etc.);
- Proof of enrollment (e.g., university transcripts) or employment (e.g., employment letters);
- Evidence of compliance, such as timesheets or tuition receipts;
- Canadian and/or overseas criminal justice records;
- Reports on the conditions of your country of origin; and
- Legal submissions addressing prior issues or responding to procedural fairness letters.
We will work with you to ensure all the necessary documentation is in order for your interview.
Preparing for Potential Outcomes
CBSA interviews lead to a range of outcomes. In some cases, no action is taken. In others, the immigration authorities may:
- find you inadmissible to Canada and issue an exclusion order that prevents you from returning to Canada for a year;
- initiate a process to that can lead to a more serious finding of inadmissibility and a deportation order preventing you from returning to Canada indefinitely; or
- under certain conditions, detain you under IRPA s. 55.
That is not an exhaustive list of possible outcomes.
In order to prevent or remediate adverse outcomes, we help our clients by negotiating with CBSA officers where possible, making humanitarian arguments before the IRCC to prevent an inadmissibility hearing, and litigating inadmissibility allegations before the Immigration Division.
Exploring Rehabilitative or Equitable Options
If the underlying issue involves misrepresentation, overstay, or unauthorized study/work, we may explore remedial options. These include applying for a restoration of status, submitting evidence of mitigating factors, or filing an H&C (Humanitarian and Compassionate) application under IRPA s. 25.
Schedule an appointment with one of our lawyers for an in-depth explanation of these remedial options, and whether they apply to your case.
Requesting Changes to the Interview
In certain circumstances, we may request to reschedule or relocate the CBSA interview. For example, if a client is in British Columbia but the interview is scheduled in Alberta, we can request a change of venue to ensure access to representation and minimize hardship. Similarly, if a scheduling conflict arises, a formal request to postpone the interview may be submitted.
Accessing CBSA Records through ATIP
In advance of the interview, we may submit a Privacy Act or ATIP (Access to Information and Privacy) request to obtain your CBSA and IRCC records. These include officers’ notes and comments, which provide valuable insight about the immigration matter and potential risks. This information is often critical to strategic preparation.
Act Early
If you are scheduled for a CBSA interview or have concerns about your immigration status, it is important to act early. At Heron Law, we have extensive experience in supporting clients through CBSA interviews, compliance matters, and admissibility hearings.
You do not need to handle this stressful experience alone. Schedule a consultation with one of our lawyers, and we will be happy to guide you.
