The Canada Border Services Agency (CBSA) is the federal regulating body that manages the access of people and goods to and from Canada. It is permitted to remove any person who has been issued a removal order for breaching the Immigration and Refugee Protection Act and may also refuse to admit people seeking to enter Canada. It is important to regulate the flow of individuals entering and leaving the country to maintain integrity and fairness in the immigration system.[1]

A removal order may be issued for various reasons and once received, ultimately means you must leave the country according to specific instructions. Generally, CBSA officers or members of the Immigration Division of the Immigration and Refugee Board of Canada (the IRB) issue removal orders. There are three types of removal orders, each with differing consequences.

A departure order is one which requires the person to leave Canada within 30 days after the order is enforced. They must verify their departure with a Canadian immigration officer at the port of exit and do not need an Authorization to Return to Canada (ARC) if they leave within the required time. However, if these conditions are not met, the departure order automatically becomes a deportation order and the person will have to apply for an ARC.

An exclusion order removes a person from Canada for a minimum of 12 months and does not re-allow their entry without the written permission of an officer. If they are issued a Certificate of Departure stating the date of departure, an ARC is not necessary, unless they are hoping to return less than 12 months after the order was issued or if they did not acquire a Certificate of Departure. Additionally, those issued an exclusion order for misrepresentation cannot return for two years without written authorization from a Canadian immigration officer.

The most serious of the three orders is the deportation order. This order permanently bans a person from returning to Canada. Written permission from a Canadian immigration officer is likely the only way a person is able to return to Canada. Those subject to this order must apply for an ARC, which entails a detailed explanation of why they should be allowed back into the country. If they were issued a deportation order because they did not comply with the conditions of a departure order, they must explain their reasoning for not leaving the country within the 30 day time limit. Furthermore, they will have to pay a $400CAD processing fee. Those deported due to criminal inadmissibility must first apply for criminal rehabilitation as well as a Temporary Resident Permit to be allowed into Canada. [2]

Factors taken into consideration when determining ARC applications include the reasons for the issuance of the order, the possibility of repetition of the behaviour which caused the order to be issued, the length of time since the order was issued and the current situation of the applicant including reasons why they would like to enter Canada.

Anyone issued with a removal order has the right to an appeal or judicial review of the order before it becomes effective or enforceable. In appropriate situations, removal orders may be appealed to the Immigration Appeal Division of the IRB and further by the Federal Court. Once all avenues of appeal are exhausted, Canadian law must be obeyed and the person must leave as ordered. Someone issued a removal order cannot be forced out of the country if they are subject to an appeal which has not yet been decided, if they are involved in another legal proceeding or if they are found to be a person in need of protection.[3]

The case of Ribic v. Canada (Minister of Employment and Immigration) outlines six factors that the Board considers when faced with an appeal of a deportation order from a permanent resident. It will inquire into the seriousness of the offence leading to the deportation order; the possibility of rehabilitation; the length of time spent in Canada and the degree to which the appellant is established here; the family in Canada and the dislocation to the family that deportation would cause; the support available to the appellant, within the family and community; and the potential hardship the appellant would face in the likely country of removal.[4] Depending on the status of the person being removed, different considerations may apply on appeal.

The seriousness of these orders should not be undermined. They are enforceable as soon as they come in to force and as long as they are not stayed. It is a good idea to consult an immigration lawyer to better understand your situation and any appeal options available to you.

 

 

 

[1] Removals (2013), online: Canada Border Services Agency http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html#tphp.

[2] Removals (2013), online: Canada Border Services Agency http://www.cbsa-asfc.gc.ca/media/facts-faits/051-eng.html#tphp.

[3] Immigration and Refugee Protection Act S.C. 2001, c. 27, s. 48-53.

[4] Ribic v. Canada (Minister of Employment and Immigration)

Disclaimer: The above article is not a legal opinion as every case is different and is only for general awareness. Please contact us for specific questions and legal advise.