Removal orders can be very challenging navigating through the legalities. If you receive a Removal Order you cannot legally remain in Canada and must leave the country. Depending on your situation, your removal order may be effective immediately, or after a negative decision if you had made an appeal. There are three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). These are Departure Orders, Exclusion Orders and Deportation Orders. The form number on the Removal Order indicates what type of order you received.

• With a Departure Order, you must leave Canada within 30 days after the order takes effect.

• You must also confirm your departure with the CBSA at your port of exit. If you leave Canada and follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time.
• If you leave Canada after 30 days or do not confirm your departure with the CBSA, your Departure Order will automatically become a Deportation Order. In order to return to Canada in the future, you must obtain an Authorization to Return to Canada (ARC).

• With an Exclusion Order, you cannot return to Canada for one year.

• If you do wish to return before the 12 months have passed, you must apply for an ARC.
• If an exclusion order has been issued for misrepresentation, you cannot return to Canada for five years.
• If the CBSA paid for your removal from Canada, you must repay that cost.

• With a Deportation Order, you are permanently barred from returning to Canada and cannot return unless you apply for an ARC.

• If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.

If you are being removed from Canada there are procedures that can be implemented to prevent your removal

Please contact CITRN for a review of your situation.

DEPORTATIONS

Unlike Canadian citizens, non-citizens can be deported from Canada for various reasons, including criminal offences without an opportunity to appeal

The Canadian government has the power to deport people who are not lawfully allowed to stay in Canada. Anyone who is removed from Canada on a deportation order cannot return to Canada without the written consent of the Minister of Immigration, Refugees and Citizenship Canada.

Different deportation criteria apply to different categories of people. The main classifications are:

• people who have been denied refugee status,
• permanent residents, and
• foreign nationals.

To deport anyone, the Immigration authorities must have your travel documents and some proof that you are from the country that they are deporting you back to. There are some people who cannot be removed because their countries will not provide travel documents. It is important to co-operate with the authorities at this time. As frightening as the prospect of being sent home may be, to be able to return to Canada you must comply with the order to report for removal.

Foreign Nationals

In some circumstances, foreign nationals visiting Canada may be deported after their authorized period of stay has expired. They may also be required to leave if they do not comply with the terms and conditions of their visit, or if they extend their stay without permission. Foreign nationals who are convicted of a criminal offence may also be deported.

People who have been denied refugee status

People who have been denied refugee status will be asked to leave Canada when their refugee claim is denied. Claimants may also be required to leave if they withdraw or abandon their claim. In some cases, an immigration lawyer can help you make an appeal or can bring a motion in the Federal Court, if you are asked to leave. You will be returned to the last country you were in before arriving in Canada. Many refugees came through the United States, so that would mean that they would be returned to the United States.

Permanent Residents

Permanent residents may be deported if they committed a serious offence before they arrived in Canada, or if the government believes that they are a security risk. Permanent residents can also be deported if they lie on their immigration application, are convicted of a serious offence in Canada, or lose their status as permanent residents. If you have been charged with an offence in Canada or abroad you should contact an immigration lawyer to discuss how the charge will affect your status as a permanent resident. It is important for every permanent resident to get citizenship as soon as possible. The Immigration authorities cannot deport a Canadian citizen, unless their citizenship is revoked, which can occur in limited circumstances, such as: misrepresentation, terrorism, treason, and foreign spying.

Canadian citizens

Except in unusual circumstances, Canadian citizens cannot be deported. In some circumstances, citizens may be returned to a foreign country if they are accused or convicted of a specific crime in that country. This is usually referred to as ‘extradition.’

Temporary changes due to COVID-19

Due to the current pandemic, the Government of Canada has implemented temporary changes to various immigration programs and procedures. For the most up-to-date information, visit canada.ca.

Get help

For more information on being deported from Canada, visit Immigration, Refugees and Citizenship Canada. To find foreign consulates and embassies in your province, click here.

A criminal record will delay, and can even prevent you from getting your immigration status. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

If you have been asked to leave Canada, you should contact us for specific advice and assistance. The most important thing to remember is to give your lawyer adequate time to do any possible work on your behalf.

For legal advice and representation, contact our preferred Immigration experts, citrn.ca 1-437-247-2958

APPEALS

Sometimes Immigration Canada or it Embassies or High Commissions overseas can render an unfair decision on different type of application

The appeal procedure is a legal process that gives the applicant an opportunity to file an appeal and have a judicial review to see if the regulations Of IRPA was properly administered.

There are different tyhupes of appeals.

Immigration Appeals

The Immigration Appeal Division (IAD) hears appeals on immigration matters such as appeals from refused sponsorship applications and from removal orders.

The IAD hears four types of appeals:

• Sponsorship appeal
• Appeal from a removal order issued by an officer of the Canada Border Services Agency or the IRB Immigration Division
• Residency obligation appeal
• Minister's appeal of an ID decision An appeal is allowed…
• if the decision being appealed was wrong in law or fact,
• if there was a breach of a principle of natural justice (for example, a breach to the right to be heard or to be heard by an impartial person), or
• in some cases, on the basis of humanitarian and compassionate considerations. Sponsorship appeal

Who can appeal?

Canadian citizens and permanent residents whose applications to sponsor close family members to Canada have been refused by Immigration, Refugees and Citizenship Canada (IRCC).

Who cannot appeal?

Sponsorship appeals are not possible for persons who have been found inadmissible to Canada based on:

• serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
• organized criminality,
• security grounds,
• violations of human or international rights, or
• misrepresentation (unless the sponsored family member is the sponsor's spouse, common-law partner or child).

If the appeal is allowed…

After a sponsorship appeal is concluded by the IAD making a final decision in the appeal, in most appeals the IAD is no longer involved in the file. The continuation of the processing of the file is done by Immigration, Refugees and Citizenship Canada IRCC, not the IAD, and the file goes abroad to a visa office or is completed here in Canada at a Case Processing Office.

In order to verify file processing times at visa office’s abroad, please consult IRCC's Check your application status.

The sponsor may contest the IAD's decision by asking the Federal Court permission to apply for judicial review of the IAD decision.

Removal order appeal

Who can appeal?

Permanent residents, Convention refugees, protected persons and foreign nationals with a permanent resident visa who have been ordered removed from Canada.

Who cannot appeal?

None of these persons can appeal their removal order if they have been found inadmissible to Canada because of:

• serious criminality punished by a sentence of six months or more of imprisonment or who have been convicted of an offence outside Canada or who have committed an act outside Canada, that would be punishable in Canada by a maximum term of imprisonment of at least ten years,
• organized criminality,
• security grounds, or
• violations of human or international rights.

The following persons also cannot appeal a removal order:

• claimants whose refugee protection claim has been rejected, and
• foreign nationals without a permanent resident visa.

If the appeal is allowed…

The person will be permitted to remain in Canada.

If the IAD stays the appeal…

The person concerned can stay in Canada under certain conditions imposed by the IAD.

If the appeal is dismissed…

The Canada Border Services Agency may remove the person from Canada.

The person may contest the IAD's decision by asking the Federal Court permission to apply for judicial review of the IAD decision.

Residency obligation appeal

Who can appeal?

Permanent residents determined by an immigration officer abroad not to have fulfilled their residency obligation.

If the appeal is allowed…

The person will not lose permanent resident status.

If the appeal is dismissed…

The person will lose permanent resident status.If the person is in Canada, the IAD will issue a removal order. The person may contest the IAD's decision by asking the Federal Court permission to apply for judicial review of the IAD decision

PRAA

A Refugee claimant still has a final legal procedure to see if he may qualify for a positive PRAA

However, the information to be considered under a PRAA application cannot be information already used at the Refugee hearing but Any new developments in his country of nationality that can cause harm or threat to his life if He returns to that country

Why pre-removal risk assessment is important

In some cases, you may be eligible to apply for a pre-removal risk assessment (PRRA) if you’re being removed from Canada.

We use PRRAs to make sure you’re not being removed to a country where

• you would be in danger of torture
• you would be at risk of persecution
• there would be a risk to your life or of cruel and unusual treatment or punishment With more than 27 years’ experience in this specific area, let us make that final review to se if we can assist.

HUMANATARIAN AND COMPASSIONATE APPLICATION

Applying for H&C consideration is an exceptional measure – it is not simply another means of applying for permanent resident status in Canada.

In order to be considered for an exemption from the usual requirements of IRPA, you must:

• clearly indicate in your application the specific exemption(s) you are requesting.
• provide all details related to your request including the reasons why you believe an exemption(s) should be granted on H&C grounds.
• demonstrate that there are sufficient and compelling reasons for you to be granted an exemption allowing you to apply for permanent residence from within Canada.

The cost and inconvenience of returning to your home country to apply for permanent residence are not, in the absence of other compelling sufficient factors for H&C considerations.

Factors that may be considered

Examples of the factors that may be considered include, but are not limited to:

• establishment in Canada
• an inability to leave Canada that has led to establishment
• ties to Canada
• best interests of any children affected by your application (see following section for more information)
• health considerations
• family violence considerations
• consequences of your separation from relative
• factors in your country of origin (not related to seeking protection)
• any other relevant factors you wish to have considered that are not related to seeking protection.

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Best interests of the child

The best interests of any children directly affected by the decision made on your application will be taken into consideration in the assessment of your application.

Factors related to the best interests of the child may include but are not limited to the:

• age of the child,
• child’s establishment in Canada,
• conditions in the country of origin that could impact the child,
• medical needs of the child,
• child’s education, or
• child’s gender.

The best interests of a child do not outweigh all other factors in a case. The best interests of the child are only one of many important factors that will be considered by the decision maker.