The Workers Rights 
Certainly, Canada is free to deport an Indian worker who worked for years in the country, paid taxes, and contributed to the community. The case of Harish Kumar involved issuance of a Canadian deportation order against him even though he had been working on a work permit in Canada for many years, especially in times of crisis when he worked in essential services. It would be better if we took a deeper look into the situation.
Quick Facts
| Detail | Information |
| Case | Harish Kumar Canada deportation refers to the deportation of the Indian family from Quebec, Canada, which occurred in the latter part of the 20th century. |
| Time in Canada | ~8 years (arrived April 2018) |
| Work done | Truck driver – considered an essential worker during COVID-19 |
| Basis for stay | Asylum/refugee claim |
| Outcome | The claim was denied, and the removal order was upheld on September 7, 2026. |
| Children affected | 2 children reared completely in Quebec. 2 children who were raised completely in Quebec. |
| Governing law | Section 48 Immigration and Refugee Protection Act (IRPA) |
Why Years of Work Cannot Automatically Stop Deportation
There is no automatic right to stay in Canada as a result of long-term employment in Canada. A work permit is not permanent residency: It does not lead to permanent residence; It does not suspend a removal order once it is enforceable.
This case is a good example of that. The family’s situation remained tied to an asylum claim, rather than their economic contribution, despite years of being back on the road, paying taxes, and being deemed “essential” during COVID-19. After it denied the claim, CBSA had no choice but to take action. An enforceable removal order pursuant to Section 48 of IRPA shall be effected “as soon as possible.
How a Failed Asylum Claim Leads to Deportation
The process is carried out in several steps:
- Claim presented to the Refugee Protection Division
- Appeal to the Refugee Appeal Division if it is declined.
- Judicial review in the Federal Court.Federal Court – Judicial Review.
- A final safety check, known as a Pre-Removal Risk Assessment (PRRA).
- Humanitarian and Compassionate (H&C) application — based on establishment, family ties and other factors.
All of these phases occurred during a period of eight years preceding the imposition of removal in Kumar. It is not a quick process — but when all else fails, CBSA must do something, by law. Even if someone has worked and lived in Canada for a long period of time, their failed asylum claim can result in deportation.
Work Permit vs. Permanent Residency
| Factor | Work Permit Holder | Permanent Resident |
| Right to work | Yes | Yes |
| The right to remain in the country on an unlimited basis. | No | Yes (with conditions) |
| Protected from removal | No | Mostly yes (except for the crime) |
| Pathway from employment to PR. | Through Express Entry (VIA) | Already secured |
Not having a work permit is not an automatic route to permanent immigration; workers must seek permanent residency through Express Entry, Provincial Nominee Programs or other immigration options.
What Rights Do Workers Have?
However, there are rights for Indian workers who are subject to enforcement; those rights must be exercised during the enforcement process, and not once enforcement has been completed:
- Attorneys at all stages of the process
- Appeal to the Refugee Appeal Division
- Judicial Review at Federal Court
- This is a Pre-Removal Risk Assessment.
- A new H&C application with an establishment-based solution.
- A temporary suspension of deportation until some applications are granted
Those who delay enforcement of a removal order will have far fewer options available to the workers. Getting legal advice at an early stage – preferably at the work permit stage – increases the likelihood of obtaining a PR before a turning point is reached.
Can Employment History Help?
Yes, but via the proper conduit:
- Canadian Experience Class (CEC) is a benefit to skilled workers with Canadian experience.
- PNP (including Quebec-specific streams) are designed for individuals who have experience in the province
- The work history, taxes, community ties, etc., that H&C grounds consider ‘establishment’ is discretionary (not guaranteed).
A case built over a number of years can only be presented for permanent residency in this country in a particular visa pathway. While an asylum claim is pending, it is not possible to work on a permit and at the same time seek to enter the country on a parallel PR pathway, and workers are therefore legally vulnerable.
The Family Impact
In the event of a removal order, the entire family unit is usually removed, along with children who have grown up, gone to school, and have no significant connections to India. Anyone under 18 years old is not automatically exempt. Once removed, people are usually ineligible for re-entry for varying periods of time depending on the type of order.
FAQs pn Harish Kumar Canada Deportation
1.Is it possible to save years of work from deportation?
Not automatically; it supports H&C applications, but does not prevent a removal order alone.
2.Are there cases where a work permit holder can be removed?
Yes, regularly. The permit is a temporary work permit; it does not lead to permanent status.
3.Is deportation prohibited by paying taxes?
No, that’s a positive factor with H&C applications, not a legal prohibition on removal.
4.What happens if they refuse to accept you into asylum?
Each of the following has certain deadlines: Appeal to the RAD, judicial review, PRRA, and H&C application.
Key Takeaway
This case is a cautionary tale of what can happen if temporary status is not made permanent in a timely fashion. The appeal window is small, the criteria for asylum are strict, and if there is a removal order that can be enforced, then there is little flexibility for the CBSA. If you are an Indian on a temporary permit in Canada, it is advisable to seek the advice of a licensed immigration consultant/lawyer.
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