LEGAL

Removal Order

The Immigration Appeal Division (IAD), also known as the Immigration Division (ID), issues a Removal Order that mandates the individual to leave Canada at the specified time. Departure Order, Exclusion Order, and Deportation Order are the three types of removal orders in Canada.

Circumstances of a Removal Order in Canada

Permanent Residents and ex-pats staying in Canada can be issued a removal order. The reasons for removal orders in Canada include crime, association with criminal groups, espionage, and a security threat to the nation.

The Immigration Division may observe certain reasons that necessitate a removal order. Consequently, it will issue the order to the individual to exit the country in the stated time frame.
The Immigration Appeal Division (IAD) can decide on issuing a Removal Order subsequent to an appeal by the expatriate and hearing on the justifications.
A Removal Order in Canada may be issued to an individual if the Canada Border Services Agency (CBSA) finds something suspicious or if the CBSA believes that the activities or association of the individual need a Removal Order.
On rejection of a refugee claim by the person, the authority will issue a Removal Order immediately.

Understanding the cause for removal and the way forward has to be determined by the individual receiving the Removal Order. Support from experienced Canadian immigration lawyers may be sought to pursue an appeal in the Federal Court if possible. Challenging the order is possible. However, all the actions must be initiated in the shortest possible time before the individual is asked to leave the country.

Types of Removal Orders in Canada

Three types of Removal Orders are issued in Canada. Whether you can appeal the Removal Order will depend on the reason for removal and the type of order issued.

Departure Order:

A Departure Order gives 30 days for the ex-pat to leave Canada. Abiding by the order, the individual should return to his or her home country within the given timeframe. The departure of the person must be confirmed with the CBSA, who would be monitoring the Departure Order. If the person fails to leave Canada within the stated time, the Departure Order would be converted into Deportation Order and would be acted upon immediately.

Exclusion Order:

Exclusion Order directs the person to depart from Canada at the specified time. The departure should be confirmed with CBSA as and when the person exits the country. Certain types of Departure Orders, based on the reasons for which they have been issued, will bar the person from entering Canada for one to five years.

Deportation Order:

A Deportation Order is issued as a last resort to remove a person from Canada. The exit from the country should be confirmed with the CBSA. Those who do not obey the directive will be removed by the CBSA in their official capacity. Returning persons removed on Deportation Order requires Authorization to Re-enter Canada (ARC).

A Removal Order in Canada requires the individual to leave the country within the stipulated time. Many times, individuals may fear returning to their home country due to reasons like security threats or other risks. In that scenario, the person can submit an application known as Pre-Removal Risk Assessment (PRRA) to the concerned authority. A PRRA will ascertain the risks the individual may face back home and take the necessary decision.

Appeal On Removal Orders in Canada

Only Permanent Residents in Canada have the right to appeal the Removal Order. They can file a request with the Immigration Appeal Division challenging the Removal Order. Nonetheless, the reason for removal is the decisive factor in deciding whether the individual can appeal or not. The reasons why a Canadian resident cannot appeal on Removal Order include:

Criminal activity
Espionage
Crime against humanity
Terrorism
Security threat

Persons with a criminal background who have received punishment for six months or more are also not eligible to appeal against the Removal Order.
Ex-pats in Canada do not have the right to appeal Removal Orders. At the same time, they can approach the Federal Court of Canada and challenge the decision legally. Canadian residents, who are not authorized to appeal otherwise, can also take the legal route with the Federal Court to challenge the Removal Order.

FAQ

Frequently Asked Questions

In a scenario wherein the person received a Removal Order but has not left Canada in the stated time, the Canada Border Service Agency (CBSA) will come into action. The CBSA will issue an arrest warrant to arrest the individual and deport him or her.

Permanent residents in Canada can submit an appeal on the Removal Order with the IRCC or IAD. Those permanent residents who are ineligible to put an appeal through IAD can use the legal way and approach the Federal Court of Canada. Foreigners in Canada can also use the legal route with the Federal Court in case of a Removal Order.

Once the Federal Court of Canada issues a verdict in support of the appellant, the person can continue in Canada and can apply for Permanent Resident status in the country. This status quo would continue until the person committed another crime.

The person deported from Canada is permanently barred from entering the country again. He or she must obtain Authorization to Re-enter Canada (ARC) for return to the country.

A permanent resident in Canada can stop removal proceedings with the help of an expert Canadian immigration lawyer. The procedure can be challenged if there are justifications favouring the individual.