Published
Sundeep S. Grewal is a lawyer at Lawgical Law Corporation, called to the BC bar in 2018, and a member of the Law Society of British Columbia.
Updated November 13, 2026: IRPA s. 115 and IRCC’s section A115 instructions checked that day.
The letter: CBSA intends to ask for an opinion that you can be removed despite your refugee protection (s. 115(2)).
The deadline: the one in your letter. Your written submissions are your chance to be heard.
What wins time and weight: real evidence of rehabilitation, of the risk you’d face and of your ties here. Why a lawyer
Our immigration lawyers
Sundeep S. GrewalBarrister and Solicitor
Prabhpreet Kaur SanghaBarrister and Solicitor
Pardeep S. GrewalBarrister and SolicitorAbout our lawyers
Sundeep S. Grewal founded Lawgical Law Corporation and argues immigration cases at the Immigration and Refugee Board and the Federal Court of Canada.
Prabhpreet Kaur Sangha focuses on refugee claims, immigration appeals, inadmissibility, detention reviews and Federal Court cases, and has presented at Continuing Legal Education seminars and the National Immigration Conference.
Pardeep S. Grewal is an immigration and estates lawyer known for clear communication and practical strategy.
If you are a protected person and CBSA has told you it is seeking a danger opinion, it means CBSA wants IRCC to decide that you can be removed to the country you fled. The decision-maker will weigh your danger to the public against the risk you would face and humanitarian factors. You can respond in writing before the deadline in the letter, and what you send is usually all the decision-maker will see from your side.
Lawgical Law Corporation, an immigration law firm in Surrey, Abbotsford and Vancouver, BC, prepares responses to danger opinion notices and challenges danger opinions in the Federal Court; this guide is by Sundeep S. Grewal.
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What your letter says
- That you have been found inadmissible (usually for serious criminality);
- That CBSA is putting you on notice under s. 115(2) about whether you are a danger to the public;
- An invitation to send written representations, arguments and evidence on danger, on the risk you face if removed, and on humanitarian and compassionate factors;
- The deadline and where to send your submissions.
Later, CBSA sends its own package, the “Request for Minister’s Opinion”, which usually recommends a danger finding and sets out your record in detail. You get to respond to that too. Read it line by line: errors in the history or the police narrative are common and need correcting.
What goes in your submissions
| Part | What to show |
|---|---|
| Danger | The offence in context, completed programs, treatment, sobriety, employment, time without reoffending, parole and probation reports |
| Risk | Why you’d face persecution, torture or death now: current country evidence and your own profile |
| Humanitarian factors | Length of time in Canada, children and their best interests, family, health |
Evidence checklist
- Sentencing reasons and the full criminal record;
- Program certificates, counsellor or treatment letters;
- Employer and community letters;
- Parole, probation or correctional reports;
- Country condition reports for your country;
- Letters from family, and evidence about your children.
Ask for the full file if anything is missing: see getting your CBSA file.
If the opinion goes against you
Apply for leave and judicial review in the Federal Court (usually 15 days) and, if removal is scheduled, a stay. See a stay after a PRRA or deferral refusal.
Why this needs a lawyer
One lawyer, one file, every step:
- getting and reviewing the full file;
- collecting rehabilitation and country evidence;
- writing the submissions before the deadline;
- Federal Court review and a stay of removal.
There is no hearing and no appeal. The written submissions do the work a hearing would.
Immigration lawyers are members of a provincial law society (in our case, the Law Society of British Columbia), and only a lawyer can represent you in the Federal Court if a refusal has to be challenged there. An immigration consultant cannot appear in that court for you.
Mistakes I have seen
- Sending a short apology letter instead of evidence.
- Arguing that you’re not guilty: the conviction is final.
- Leaving out current country evidence.
- Missing the deadline in the notice.
Frequently asked questions
Can I ask for more time?
You can ask in writing before the deadline; it isn’t automatic.
Will I get a hearing?
No. The decision is made on paper.
How long does it take?
It can take years from the notice to the decision. Keep your submissions and evidence up to date while you wait.
Can my family write letters?
Yes, and they should be specific.
What if I’m detained?
Detention is reviewed separately at the Immigration Division: see detention reviews.
What should I do right now?
Note the deadline, ask for any missing documents and start collecting evidence today.
Book a consultation with our immigration lawyers in Surrey, Abbotsford or Vancouver, or online from anywhere.
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Sources (official)
- Immigration and Refugee Protection Act, s. 115
- IRCC: Section A115 cases – non-refoulement assessments (modified November 18, 2025)
- Immigration and Refugee Protection Act, s. 72
This article is general information, not legal advice. Every case depends on its own facts.