Receiving a Removal Order in Canada initiates a process that requires immediate attention and careful navigation. These orders are issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA) when a person is found to have breached Canada’s immigration laws. Understanding who can appeal these orders, the implications of the orders, and the necessary steps following one, are crucial for those affected.
Different Types of Removal Orders
There are three different types of removal orders:
- Departure Orders require the individual to leave Canada within 30 days. Compliance involves not only exiting the country within this timeframe but also confirming the departure with CBSA at the designated port of exit. If complied with properly, individuals may have the opportunity to return to Canada in the future, provided they meet standard entry requirements.
Failing to leave within 30 days or neglecting to confirm departure converts a Departure Order into a Deportation Order. Under a Deportation Order, individuals face a permanent bar from returning to Canada unless they successfully obtain an Authorization to Return to Canada (ARC).
- Exclusion Orders prevent re-entry into Canada for one year. To return sooner, an ARC must be obtained. However, if the Exclusion Order results from misrepresentation, the individual cannot return to Canada for five years. Furthermore, any costs of removal covered by CBSA must be repaid.
- Deportation Orders are the most severe, resulting in a permanent bar from re-entry. Those removed under a Deportation Order must repay any removal costs and apply for an ARC if they ever wish to return.
Who Can Appeal a Removal Order?
If you have received a Removal Order, you may be eligible to appeal if you are:
- A permanent resident of Canada,
- A foreign national holding a permanent resident visa,
- A Convention Refugee or a Protected Person.
These individuals have the right to challenge their Removal Order through the Immigration Appeal Division (IAD) of the Immigration and Refugee Board of Canada (IRB).
Who Cannot Appeal?
However, not everyone is eligible to appeal a Removal Order. You cannot appeal if you have been found inadmissible to Canada for any of the following reasons:
- Conviction in Canada for a crime with a jail sentence of six months or more,
- Conviction or commission of a crime outside Canada that, if committed in Canada, would carry a maximum prison term of ten years or more,
- Involvement in organized crime, such as people smuggling, human trafficking, or money laundering,
- Being considered a security threat, which includes activities like attempting to overthrow a government or participating in terrorism,
- Violation of human or international rights, such as committing war crimes.
Legal Recourses and Compliance
If you fall into the category that allows for an appeal, it is imperative to act swiftly to secure legal representation. The appeal process can be complex and demands a thorough understanding of immigration law and procedures. If appealing is not an option, or if the appeal fails, compliance with the Removal Order is essential to avoid further legal consequences and potential permanent bans from Canada.
For those who cannot appeal, or if appealing is not strategic, other avenues might still be available, such as applying for a judicial review if there are grounds to challenge the legality of the IRB’s decision.
Steps Following a Removal Order
- Consult with an Immigration Lawyer: Engaging with a lawyer who specializes in Canadian immigration law can provide you with a clear understanding of your situation, the feasibility of an appeal, and the preparation of your case.
- Understand Your Obligations: Whether you are appealing the order or planning to comply, it’s crucial to understand the obligations and timelines associated with your Removal Order.
- Prepare for Compliance: If returning to Canada in the future is a goal, ensure compliance with all aspects of the Removal Order, including repayment of any removal costs and correctly following exit procedures.
Dealing with Delays and Enforcement
Various factors can delay the enforcement of a Removal Order, including ongoing appeals, difficulties in obtaining travel documents, or issues confirming identity. In some cases, the CBSA may defer removal due to humanitarian crises or administrative reasons. However, if a person fails to comply with the removal process, such as not appearing for a removal interview, CBSA may detain the individual or issue a warrant for arrest.
Navigating a Removal Order is a nuanced process that requires understanding both your rights and your responsibilities. If you’re facing a Removal Order, taking prompt and informed action is key to maintaining your status and rights in Canada. Contact Hummel Law for expert guidance and representation to explore your legal options and ensure your case is handled with the care and attention it deserves.
