Removal Order

Removal proceedings are incredibly stressful for foreign nationals, compounded by the risk of being exploited and misled into costly but inappropriate solutions.

• Understanding available options, being well-informed, and having realistic expectations are vital during this challenging phase.

• Removal Orders in Canada can stem from various scenarios, often initiated by the Immigration Division (ID) or Immigration Appeal Division (IAD) after hearings, or by CBSA officers during examinations.

• Whether issued after a hearing or examination, or as a result of a refugee claim, understanding the type of Removal Order received, its consequences, and the possibility of challenging it is crucial, with time being extremely limited.

Types of Removal Orders and Consequences

Departure Orders: (form number IMM 5238)

1. • Least severe, typically issued if permanent residence status is lost and appeals are exhausted.
   • Requires leaving Canada within 30 days, failure of which may escalate to a deportation order.

Exclusion Orders: (form number IMM 1214B)

1. • Similar to Departure Orders but includes a ban period from re-entering Canada.
   • Issued for violations like improper visa or overstaying, with bans ranging from one to five years, depending on the reason.
   • Exclusion period starts from the date of departure from Canada or the date on the exclusion order.
   • An “Authorization to Return to Canada” (ARC) is required to return during the ban period.

Deportation Orders: (form number IMM 5238B)

1. • Imposed when a departure order is disregarded, leading to a permanent ban from Canada.
   • Requires an “Authorization to Re-Enter Canada” (ARC) for any potential return.

Reasons for Delays in Enforcement of Removal Orders

Challenging Removal Orders:

There are number of options to challenge the removal from Canada depending from your circumstances:

1. • For Permanent Residents: Appeals to the Immigration Appeal Division (IAD) may be available depending on the reason for the Removal Order. Appeals can be made unless the individual is deemed inadmissible for serious concerns like organized criminality or serious criminal offenses.
   • For Foreign Nationals: Appeals to the IAD are not an option, but challenging the decision can be pursued through the Federal Court of Canada.
   • Filling a Motion of Stay Removal at the Federal court of Canada.

Pre-Removal Risk Assessment (PRRA) Applications

1. • Individuals facing a removal order or named in a security certificate may apply for a PRRA, except in specific circumstances outlined by immigration law.
   • Applicants must wait for notification of eligibility before applying, except for cases at ports of entry.
   • Upon notification of eligibility, a regulatory stay of removal is typically granted, halting the enforcement of the removal order until a decision is made on the PRRA application. Subsequent PRRA applicants do not receive this regulatory stay.
   • Evidence for previous refugee claimants is limited to new information not available during the initial claim process.
   • Subsequent PRRA applicants can reapply, with assessments focusing on new risk factors unless reconsideration of previous issues is deemed necessary.

Travel Documents/Identity Verification

1. • Delays may occur if necessary travel documents or proof of identity are unavailable or difficult to confirm.

Administrative Deferral of Removals (ADR)

1. • A temporary measure to defer removals in situations of humanitarian crises in the destination country.
   • Removals can proceed despite ADRs for individuals deemed inadmissible for serious concerns.
   • Individuals under suspended removal orders due to ADRs may have opportunities to apply for work or study permits.

Temporary Suspension of Removals (TSR)

1. • Similar to ADRs, TSRs suspend removal orders due to risks threatening the entire population of the destination country.
2. Individuals may still face removal despite TSRs if inadmissible for serious concerns.
3. Individuals under suspended removal orders due to TSRs may have opportunities to apply for work or study permits.

Appealing Removal Orders

• Permanent residents in Canada have the option to appeal against the issuance of a removal order to the Immigration Appeal Division (IAD) of Canada.

How to Appeal

• Within 30 days of receiving the removal order, the individual must submit an appeal to the IAD.

• Appeals are open to permanent residents or individuals with a permanent resident visa, including refugees and foreign nationals.

• Upon submission, a receipt acknowledging the appeal request is provided, along with information about the upcoming court appearance.

• A member of the IAD reviews the appeal and decides whether the removal order stands or is revoked.

Grounds for Denial

• The IAD may deny the appeal if the individual is found to be involved in organized crime, poses security risks, violates human or international rights, or has been imprisoned for six months after committing a serious offense in Canada.

Success in Appeals

• Legal representation is crucial during the appeal process as the Board Member may consider humanitarian and compassionate factors.

• Proper representation ensures that the individual’s circumstances are effectively presented and considered by the decision-maker.

Deferral of Appeal

• Appeals may result in a temporary stay of the removal order instead of immediate approval or denial.

• During the stay period, the individual retains their status as a permanent resident in Canada and is not required to leave.

• The stay typically has a set timeframe, during which the individual must demonstrate compliance with Canadian regulations.

After the Appeal

• Appeals involve the individual (Appellant) and the Minister’s Counsel and are conducted publicly.

• If the removal order appeal is successful, the individual is not compelled to leave Canada.

• If the appeal is denied, the individual will be removed from the country by the Canada Border Services Agency (CBSA).

FAQs

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