A person may be residing in Canada and is informed by a Canada Border Services Agency (CBSA) officer that they are inadmissible. They may then subsequently be issued a s.44 Report (inadmissibility report) which contains allegations that they have violated the provisions of the Immigration and Refugee Protection Act (IRPA). As such, they may be required to attend an admissibility hearing whereas a Member will determine whether or not the allegations are well-founded. At the end, the person may be issued what is called a 'removal order', which is essentially an order requiring a person to leave Canada.
The IRPA recognizes three types of removal orders: Exclusion Orders, Departure Orders, and Deportation Orders. Each type of removal order carries distinct consequences with deportation orders being the most serious.
A departure order requires a person to leave Canada within 30 days of the date on which the order was issued. The person may return to Canada at a future date provided the entry requirements are met at that time. If the person fails to leave Canada within the stated timeframe, the order automatically turns into a deportation order which carries far heavier penalties.[1] These orders are usually issued for instance, where refugee protection has been ceased,[2] or where a permanent resident has failed to comply with residency obligations.[3]
Exclusion orders bar a person from entering Canada for a period of 1 or 5 years. This type of order is usually issued in cases such as: failing to appear for an admissibility hearing, failing to leave Canada after the expiration of one’s authorized stay, or being inadmissible on financial or health grounds.[5] In contrast, where a person has been deemed inadmissible on grounds of misrepresentation, they may be barred from entering Canada for a period of 5 years.
Deportation orders are the most serious as they permanently bar a person from re-entering Canada. They are usually issued for the most serious findings such as inadmissibility on grounds of criminality, serious criminality, or violating human and international rights.[6]
A removal order is enforced against a foreign national when they obtain a Certificate of Departure at the port of entry and is authorized to enter their country of destination, or when they are confirmed removed by an officer inside or outside Canada.[7] The clock on the prohibition period starts ticking once enforcement has been confirmed. If a person wishes to re-enter Canada prior to the expiration of said period, they must first apply for an Authorization to Return to Canada (ARC); this also extends to persons who have been issued a deportation order.
There may be appellate avenues available to contest the a removal order such as the Immigration Appeal Division (IAD) or the Federal Court. If you want to learn more, you may send us an email at info@johnsonlawils.com or contact is using our contact form.
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