Removal Orders

Removal Orders

Removal Orders may arise under the following circumstances:

The Immigration Division (ID) or Immigration Appeal Division (IAD) determines that a Removal Order should be issued after a hearing and subsequently releases an official Order.

A Removal Order is issued by a Canada Border Services Agency (CBSA) Officer after conducting an examination.

If an individual submits a refugee claim and subsequently faces a conditional Removal Order, this order will take effect shortly after the refugee claim is denied.

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.

Different Types of Removal Orders and Their Implications:

• Departure Order – This requires your departure from Canada within 30 days, and you need to confirm your exit with the CBSA when leaving the country. If you fail to leave within the given timeframe, the departure order will generally transition into a deportation order.

• Exclusion Order – You are required to leave Canada under an exclusion order and confirm your departure with the CBSA upon exit. Depending on the grounds for the exclusion order, you might face a ban of one to five years on applying to return to Canada.

• Deportation Order – You must exit Canada under a deportation order and confirm your departure with the CBSA. Failure to comply will result in the CBSA arranging your removal from Canada. If you depart under a deportation order, you'll need an Authorization to Re-Enter (ARC) for any potential future visits to Canada.

In all instances of Removal Orders, leaving Canada is mandatory. If you have concerns about returning to your country of origin or habitual residence, you have the option to apply for a Pre-Removal Risk Assessment (PRRA) to assess the risks before your removal.

Challenging Removal Orders

Permanent Residents might be eligible to appeal a Removal Order to the Immigration Appeal Division.

The possibility of appealing as a permanent resident depends on the reason for the Removal Order. If the inadmissibility is linked to organized criminal activities, crimes against humanity, espionage, or other severe security concerns, an appeal right might not be available. Similarly, if you're deemed inadmissible for serious criminality and have received a sentence of six months or more while in Canada, an appeal right won't be granted. In such situations, you still have the option to challenge the decision through the Federal Court of Canada.

Foreign Nationals generally cannot appeal their Removal Orders to the Immigration Appeal Division (IAD). Nevertheless, it's possible to contest the decision to issue a Removal Order through the Federal Court of Canada.