What kind of removal orders can be issued by IRCC or by CBSA, that affect an individual’s ability to enter/stay in Canada?

Removal orders are issued by Immigration, Refugees and Citizenship Canada (IRCC) and/or by Canada Border Services Agency (CBSA).

There are three types of Removal Orders that can restrict an individual seeking to enter or stay in Canada:

 Departure Order

• Must leave Canada within 30 days of the order taking effect and the individual cannot legally remain in the country
• If the individual adheres to the specific requirements of the Departure Order, then there is the possibility that the individual may return to Canada in the future
• If the requirements of the order are not followed, the order automatically becomes a Deportation Order on the 30th day and the individual would be required to obtain an Authorization to Return to Canada (ARC), if they ever wished to return to Canada at any point in the future

 Exclusion Order

• The individual is not permitted to return to Canada for a period of 12 months
• Should the individual wish to return to Canada prior to the end of the 1-year period, the person(s) must obtain an Authorization to Return to Canada (ARC)
• If the Exclusion Order was issued as a result of misrepresentation, the individual is banned from entering Canada for 5 years
• If the Canada Border Services Agency (CBSA) had to pay for the individual’s removal from Canada, the person must reimburse the cost to CBSA

 

Deportation Order

 

• If a Deportation Order is issued against an individual, that person is banned for life
• Should the individual wish to return to Canada once such an order is issued, the person needs to first obtain an Authorization to Return to Canada (ARC), and
• In the event that CBSA had to pay for the person’s removal from Canada, all costs will first need to be repaid

 

Can I appeal a Removal Order?

Yes, in specific circumstances in relation to the matter of Permanent Residents, an appeal may be submitted to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board (IRB).

If submitting a removal order appeal, a complete Notice of Appeal form, along with a copy of the removal order itself, must be submitted to the IAD within 30 days from the date of the Removal Order.

Judicial Review (create a hyperlink to Sam Law Judicial Review tab) may be an option, depending on which Immigration and Refugee Board (IRB) division made the decision and issued a removal order.

Have you been issued any of the above noted Removal Orders?

Contact Sam Law right away. Time is of the essence. Find out your rights, options and responsibilities as soon as possible.

Be safe and plan ahead. Reach out to Sam Law to ensure that your paperwork is correctly prepared at the onset of your application, improve the likelihood that you will be accepted and reduce the chance of costly delays. Properly complete all your immigration forms correctly, from the start.