DEFERRALS OR REMOVALS
Under some circumstances, when a foreign national or a permanent resident of Canada (as the case may be) has been found and determined to have breached Canadian laws, including but not limited to the Criminal Code of Canada, the Immigration and Refugee Protection Act (IRPA) and/or the Immigration and Refugee Protection Regulations (IRPR), then a removal order may be issued, asking for them to leave the country within a specific timeframe. Whether the person has committed a crime, or are in the country illegally, Canada Border Services Agency (CBSA) will carry out the enforcement of the removal order.
DEFERRALS OR REMOVALS: TYPES OF REMOVAL ORDERS IN CANADA
Under Canadian immigration legislation, there are three types of removal orders: departure orders, exclusion orders and deportation orders.
A departure order is perhaps the least severe of the three types of removal orders. If a foreign national has received a departure order it means that they have been given 30 days to leave Canada. Upon leaving, they must confirm their departure with the CBSA. If they do not comply and stay in Canada beyond the 30 days, once the Canadian immigration authorities learn that they have not exited the country within the allocated time, the departure order becomes a deportation order.
Exception made for a single specific and particular circumstance, a foreign national against whom a departure order became a deportation order will not be permitted back into Canada, unless, based on compelling arguments, they obtain previously a written authorization from the Canadian immigration authorities, through an application commonly known as Authorization to Return to Canada (ARC).
If a foreign national has received an exclusion order it means that they must leave Canada within the time legally determined for it and, after confirming their departure with CBSA, remain outside the country for at least one full year before attempting to return. This period of one year is extended to a five-year period in the case where the exclusion order was issued as a result of the misrepresentation.
As above, exception made for a single specific and particular circumstance, if a foreign national needs to return to Canada before the one-year or five-year period (as the case may be) are up, then they must submit an ARC with scope to obtain a written authorization from the Canadian immigration authorities, while providing compelling arguments to justify the anticipated return
This type of removal order is often directly issued against foreign nationals who have committed serious offences, or refugees whose claim has been denied. Those who receive a deportation order must leave Canada by a specific date and will be permanently prohibited to return to Canada, unless, based on compelling arguments to justify any return, they submit an ARC and are granted with a written authorization from the Canadian immigration authorities.
Shortly, if a foreign national has received a deportation order, or a departure order issued against them becomes a deportation order, and they wish to return to Canada at any time in the future, they will need to apply for an ARC in order to obtain a written authorization from the Canadian immigration authorities.
Can a Removal Order Be Cancelled or Deferred?
If you are already a permanent resident of Canada, a foreign national with a permanent resident visa, or if you have a ‘protected person’ status (that is a Convention refugee or a Protected person of Canada), and a removal order was issued against you, then, provided that you have not been found inadmissible for one of the circumstances below, you are entitled to lodge an appeal against a removal order to have it cancelled, or, under specific circumstances, have it deferred.
Appeals against removal orders do not apply to individuals who are found inadmissible to Canada because of: serious criminality, organized crime, security grounds, and/or violations of human or international rights.
If you need submit an ARC with scope to obtain a written authorization from the Canadian immigration authorities or are the subject of a removal order issued against you, the processes to achieve a positive result in each one of these cases may be daunting, difficult and complex. Our team of immigration lawyers at Boghossian Morais LLP are competent and experienced immigration professionals who may do a thorough assessment of your case and eventually work on your behalf in order to increase your chances of success.