Immigration Lawyer

Removal Orders

Immigration Lawyer

Removal Order

A Removal Order is a notice issued by the Canadian immigration authorities requiring a person to leave the country. The authorities can issue this notice to anyone they consider inadmissible, whether a foreign national or a permanent resident. Reasons for a removal order can range from criminal convictions to posing a security threat, violating human rights, working in Canada without the appropriate permits, or remaining in Canada after your visa has expired.

Receiving a removal order is a serious matter as it impacts a person’s right to be in Canada. This situation can cause a lot of stress among foreign nationals. Therefore, it is important that you consult with a professional law firm. It will help you to understand your options better and you will be able to avoid costly consequences as well.

Types of Removal Orders

There are three types of Removal Orders that are being issued by the IRCC or the CBSA. These are as follows:

Departure Order

You must leave Canada within 30 days after the order is issued.
It is necessary to inform CBSA before your departure at the port of exit.
You have to confirm your departure with CBSA and leave within 30 days, failing to do so will automatically transform your Departure Order to a Deportation Order.

Exclusion Order

You cannot enter Canada for 1 Year
You must file for an ARC if you want to return before 12 months
If you have received an exclusion order for misrepresentation, then you cannot return to Canada for 5 years
If CBSA pays your removal cost, then you must pay it back.

Deportation Order

If you have received a deportation order, then it means that you are permanently barred from returning to Canada.
You can only hope to return after applying for an ARC (Authorization to return to Canada)
Further, if your removal cost was paid by CBSA, then you must pay that cost back before your eligibility to return gets determined.

How to Appeal for a Removal Order?

Permanent Residents who received Removal Orders can appeal to the Immigration Appeals Division (IAD) of the Immigration and Refugee Board of Canada (IRB). Individuals who receive a removal order, first they must verify if they are eligible to file an appeal or not. This is known as ‘right to appeal’.

For example, the right of appeal is not applicable to permanent residents who have received a removal order for crimes against humanity, espionage, organized criminality, and more severe security issues. It is also not available if a person has received a sentence for more than six months in Canada and found inadmissible for serious criminality. In this case, the person only has the right to challenge the decision in the Federal Court of Canada. Hence, foreign nationals can challenge the Removal Orders to the Federal Court of Canada but cannot appeal their Orders to the Immigration Appeals Division.

To submit an appeal for a removal order in Canada, you must file a Notice of Appeal with the (IAD).

The appeal must be filed within 30 days of receiving the removal order.
The Notice of Appeal should include details about the removal order, the grounds for the appeal, and any supporting documents.
It’s important to ensure that all forms are completed accurately and submitted within the specified timeframe to avoid dismissal of the appeal.

How can our Immigration Lawyers Help you?

If you are facing inadmissibility issues that restrains you from entering or staying in Canada, then connect with us to explore your available options. Our knowledgeable Immigration lawyers and Regulated Canadian Immigration Consultants (RCICs) at Nanda & Associate Lawyers will assist you in navigating all matters regarding your Removal Order. We will impart professional legal advice that will help you secure your future. Experience high-quality legal counsel and personalized care that we offer to each client.

Frequently Asked Questions

What happens if I miss the deadline to appeal?

Missing your deadline to appeal generally results in the loss of the ‘right to appeal.’ However, in some cases, individuals may apply for an extension of time to file their ‘Notice of Appeal.’ In support of your motion, you will have to file an affidavit that displays the reasons for the delay. Even after filing for an extension of time, success is not guaranteed and is subject to the discretion of the IAD.

Can I stay in Canada while my appeal is being processed?

Yes, filing an appeal generally stays the removal order, allowing the individual to remain in Canada until the appeal is decided. This means that your removal order is paused However, this stay does not apply in certain cases, such as those involving serious criminality.

What is the difference between an appeal and a judicial review?

An appeal involves challenging the merits of a decision before the IAD, whereas a judicial review is a process where the Federal Court examines whether the decision was made fairly and in accordance with the law. Judicial review is not an appeal on the merits but a review of the decision-making process.