Deportation from Canada
What is a Removal Order?
A Removal Order is a formal directive issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). This order requires an individual to leave Canada when it is determined that they have violated immigration and refugee laws or no longer meet the requirements for staying in the country. Removal Orders can result from various situations, ranging from inadmissibility issues to failure to comply with the conditions of a visa.
Understanding the type of Removal Order issued by immigration authorities and its implications is vital, as the consequences vary significantly. Whether you are facing a Departure Order, an Exclusion Order, or a Deportation Order, seeking legal guidance is essential to navigate the complexities of Canadian immigration law.
Reasons for Deportation from Canada
Deportation can arise from several circumstances, the following is a non-exhaustive list:
Misrepresentation: Providing false or incomplete information on an immigration application or during interviews.
Overstaying a Visa: Remaining in Canada beyond the validity period of a visitor, work, or study permit.
Criminal Inadmissibility: Being convicted of a criminal offense in Canada or abroad that makes you inadmissible under Canadian immigration law. You may also be found inadmissible when seeking refugee protection and making a refugee claim by CBSA officers if you have violating human rights, international rights, organized crime or if you were armed conflict. CBSA will make a final decision and you are not able to appeal at the refugee board by only to the Federal court as a persons subject to an exclusion.
Health Inadmissibility: Having a medical condition that poses a danger to public health or safety or creates excessive demand on Canada’s healthcare system.
Non-Compliance: Failing to meet the conditions of your immigration status, such as working without authorization or studying without a valid permit.
Understanding these scenarios is crucial for preventing deportation and addressing the underlying issues that may lead to a Removal Order. While most people assume that deportation from Canada applies to a foreign national they may also be applied to a Permanent resident if they become inadmissible.
Types of Removal Orders in Canada and Consequences
Departure Order: 30-Day Exit Window
A Departure Order mandates individuals to promptly leave Canada within 30 days of the order taking effect. Essential to compliance with exclusion orders is the confirmation of departure with CBSA at the designated port of exit. Adhering to these prescribed procedures not only ensures a smooth departure but also leaves the door open for a potential return to Canada in the future, contingent upon meeting entry requirements.
Failure to abide by the departure guidelines within the stipulated 30 days escalates the situation, transforming the Departure Order into a more severe Deportation Order. Re-entry after this transition necessitates the acquisition of an Authorization to Return to Canada (ARC).
Exclusion Order: Imposing a Temporary Ban
An Exclusion Order enforces a one-year ban on returning to Canada. Individuals desiring an earlier return, before the completion of the 12-month period, must initiate the application process for an ARC. In instances where the Exclusion Order is linked to misrepresentation, a more extended five-year ban comes into effect. Repayment of costs incurred by CBSA during the removal process is obligatory. There are options to try and appeal this decision or enter Canada before the 12-month period is complete.
Deportation Order: A Permanent Ban with Legal Implications
Representing the most severe consequence, a Deportation Order imposes a permanent ban from returning to Canada. Individuals facing a Deportation Order must navigate a stringent process, beginning with the application for an ARC, which is a prerequisite even to be considered for future re-entry. Similar to an Exclusion Order, the repayment of removal costs to CBSA is mandatory.
Understanding the nuances of each order is crucial, as the form number on the Removal Order signifies the specific type issued. Departure Orders, seemingly less severe, can escalate if not diligently followed, especially in cases of alleged misrepresentation, leading to the issuance of both Exclusion and Deportation Orders.
Navigating the legal complexities of Removal Orders demands careful consideration and expert guidance. Allegations of misrepresentation can significantly impact the severity of the imposed order. Seeking legal counsel becomes imperative to explore available options, assess eligibility for ARCs, and ensure compliance with the intricate procedures associated with each order.
What to Expect if You Don't Appear for Removal
Failing to appear for conditional removal order can have serious consequences. If you miss your removal date, a warrant for your arrest may be issued. This could result in detention and a permanent ban from returning to Canada. Additionally, failure to comply with a Removal Order can lead to further legal complications, making it crucial to address the issue promptly with legal assistance.
Reasons for Delays in a Removal Order
Several factors can delay the execution of a Removal Order, including:
Pending legal appeals or applications for a stay of removal.
Lack of travel documents, such as a valid passport.
Medical conditions that prevent travel.
Administrative delays within CBSA or IRCC.
Understanding the reasons for delays and working with an immigration lawyer can help you navigate the process and resolve outstanding issues efficiently.
Legal Appeals
If you have received a Removal Order, you may have the right to appeal the decision to the Immigration Appeal Division (IAD) or the Federal Court of Canada. Grounds for appeal can include humanitarian and compassionate considerations, procedural errors, or changes in circumstances that make the Removal Order unjust.
An experienced immigration lawyer can help you build a strong case for appeal and represent you throughout the process, increasing your chances of a favorable outcome.
Pre-Removal Risk Assessment Applications
A Pre-Removal Risk Assessment (PRRA) is an opportunity to argue that your removal from Canada would subject you to risks such as persecution, torture, or cruel and unusual punishment in your home country. PRRA applications must be supported by strong evidence and are subject to strict timelines. Legal counsel is essential to ensure your application is prepared correctly and thoroughly.
Lack of Travel Documents
One common reason for delays in removal is the absence of valid travel documents, such as a passport. CBSA may work with both foreign nationals and governments to obtain these documents, but the process can be lengthy. In some cases, individuals may face extended detention while awaiting documentation.
Administrative Deferral of a Removal Order
In certain situations, CBSA may defer the execution of a Removal Order due to humanitarian considerations, medical issues, or other extenuating circumstances. While this deferral is temporary, it can provide critical time to resolve outstanding issues or pursue legal remedies.
Temporary Suspension of a Removal Order
A Temporary Suspension of a Removal Order (TSR) can be issued for individuals facing extraordinary circumstances, such as natural disasters or armed conflicts in their home country. TSRs are rare and typically require strong evidence to justify the suspension or removal interview.
Why you need an Immigration Lawyer from AKM Law
Returning to Canada after a Removal Order involves a labyrinth of complex processes, and navigating this intricate legal terrain requires the expertise of seasoned professionals like AKM Law. In these complex legal matters, the guidance of AKM Law's experienced immigration lawyers becomes invaluable. Their comprehensive understanding and knowledge of the intricacies involved in returning to Canada empower you with clarity on available options. By enlisting the services of AKM Law, you not only gain strategic insights into the intricate legal processes but also benefit from their expertise in mitigating the severe consequences associated with each type of removal order. Ensure a smoother and more informed journey back to Canada by making AKM Law your trusted legal partner.
