Have you been issued a Removal Order?
Removal Orders arise in the following circumstances:
- The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing, and issues an Order
- A Canada Border Services Agency (CBSA) Officer issues a Removal Order after an examination
- An individual submits a refugee claim, and so receives a conditional Removal Order that will come into effect shortly after the refusal of the refugee claim
If you have received a Removal Order, it is important to understand the type of Removal Order you have received, its consequences for your stay in Canada, and whether you can challenge the decision. In all cases, time is of the essence.
Types of Removal Orders and their Consequences:
Departure Order – a departure order requires that you leave Canada within 30 days, confirming your departure with the CBSA on exit from the country. If you do not leave Canada within the 30 days, in nearly all cases the departure order will become a deportation order.
Exclusion Order – an exclusion order requires that you leave Canada, confirming your departure with the CBSA on exit from the country. Depending upon the reasons for which the exclusion order was issued, you will be barred from making an application to return to Canada for one to five years.
Deportation Order – a deportation order requires that you leave Canada, confirming your departure with the CBSA, failing which the CBSA will arrange for your removal from Canada. If you leave Canada under a deportation order, you will require an Authorization to Re-Enter (ARC) should you ever want to return to Canada.
Removal Orders, in all cases, require that you leave Canada. If you fear return to your country of nationality or habitual residence, you may make an application for Pre-Removal Risk Assessment (PRRA) to have your risks assessed prior to removal.
Challenging Removal Orders
Permanent Residents may have a right to appeal the Removal Order to the Immigration Appeal Division.
Whether you have a right of appeal as a permanent resident will depend upon why the Removal Order was issued. If it has been determined that you are inadmissible for organised criminality, crimes against humanity, espionage, or other more serious forms of security concerns, there will be no right of appeal. Also, if you are found to be inadmissible for serious criminality and received in Canada a sentence of detention of six months or more, you will not have a right of appeal. In these circumstances, you may still challenge the decision to the Federal Court of Canada.
Foreign Nationals may not appeal their Removal Orders to the Immigration Appeal Division (IAD). However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.