19
Feb

Inadmissibility to Canada

Removal Orders in Canada

Have you been issued an Immigration Removal Order?

A removal order is issued when a person is convicted of breaching the Immigration and Refugee Protection Act (“IRPA”) and the Immigration and Refugee Protection Regulation (“IRPR”) in Canada. A finding of immigration inadmissibility for permanent residents and foreign nationals within Canada often results in a removal order. The two core objectives of immigration policy regarding removal order orders in the IRPA and IRPR are maintaining and protecting the public order, health and security and to remove criminals from Canada expeditiously.

Three types of Removal Orders

Canada Border Services Agency (“CBSA”) is responsible for carrying out removal orders. There are three different types of removal orders ranging in order of severity from departure orders, exclusion orders and deportation orders.

1. Departure Order: A foreign national who receives a departure order must leave Canada within 30 days of the order becoming enforceable. It is also necessary to confirm his departure with CBSA at the port of exit. If the foreign national leaves Canada and follows these procedures, he may return to Canada in the future provided he meets the entry requirements at that time. However, if the foreign national does not leave Canada within 30 days or does not confirm his departure with CBSA, the departure order becomes a deportation order automatically. In order to return to Canada in the future, he must obtain an Authorization to Return to Canada (“ARC”).
2. Exclusion Order: There are two types of exclusion orders: 1) exclusion orders issued for a one-year period and 2) exclusion orders that carry a five-year of prohibition of re-entry.
   1. One-year Exclusion Order: If someone wishes to return before the 12 months have passed, he must apply for an ARC.
   2. Five-year Exclusion Order (Misrepresentation): A foreign national who is issued an exclusion order as a result of the application of paragraph 40(2)(a) of the IRPA must obtain an ARC in order to return to Canada within five- year period after the exclusion order was enforced.
3. Deportation Order: It is issued for more serious violations under the IRPA, IRPR, Criminal Code and the Controlled Drugs and Substances Act. With a Deportation Order, he is permanently barred from returning to Canada and cannot return unless he applies for an ARC. 

Appealing a Removal Order

Immigration and Refugee Board of Canada (“IRB”) is responsible for any appeals to Removal Orders. If you have received a removal order, you may be able to appeal your removal to the Immigration Appeal Division (“IAD”) in order to explain why you should be able to stay in Canada. The right of appeal for inadmissibility is defined in Enforcement Manual of CBSA as follows:

“A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision at an examination or admissibility to make a removal order against them”

However, you cannot appeal to IAD if you have been found inadmissible to Canada due to any of the following reasons:

• Serious criminality, which is defined as having:
  • been punished in Canada by a sentence of six months or more of imprisonment, or
  • been convicted of an offence outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years, or
  • committed an act outside Canada that would be punishable in Canada by a maximum term of imprisonment of at least ten years.
• Organized crime
• Security grounds
• Violations of human or international rights

To file a removal order appeal to IAD, you must submit the required documents to IAD within 30 day after receiving the removal order.