Removal Order
If you received a Removal Order, you cannot legally remain in Canada and must leave the country. Depending on your situation, the removal order may be effective immediately, or after a negative decision if you had made an appeal.
Types of Removal Order:
There are three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA). It is important to understand the type of Removal Order you have received, its consequences, and whether you can challenge the decision.
1. Departure Order – You must leave Canada within 30 days after the order takes effect and you must also confirm your departure with the CBSA on exit from the country. If you follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time. If you fail to leave Canada within the given period or fail to confirm your departure with the CBSA, your Departure Order will become a Deportation Order.
2. Exclusion Order – You must leave Canada, confirm your departure with the CBSA on exit from the country, and cannot return for one year. If the Exclusion Order has been issued for misrepresentation, you cannot return to Canada for five years. If you do wish to return before the one year has passed, you must apply for an Authorization to Return to Canada (ARC).
3. Deportation Order – You must leave Canada, confirm your departure with the CBSA on exit from the country, and are permanently barred from returning to Canada. Should you ever wish to return to Canada, you must apply for an Authorization to Return to Canada (ARC).
Failure to leave:
Once a Removal Order takes effect, you must leave Canada immediately. If you fail to appear for a removal interview or a scheduled removal date, the CBSA will issue a Canada-wide warrant for your arrest. Once arrested, the CBSA may detain you before removal and may assign an escort officer to accompany you on your departure to ensure that you leave Canada.
Challenging Removal Orders:
If you are a permanent resident, you may have a right to appeal the Removal Order to the Immigration Appeal Division (IAD). However, the right of appeal will depend upon the reason for issuing the Removal Order. In the circumstances that you do not have a right to appeal to the IAD, you may still challenge the decision to the Federal Court of Canada.
Foreign nationals may not appeal their Removal Orders to the Immigration Appeal Division (IAD). However, the decision to issue a Removal Order may still be challenged to the Federal Court of Canada.
Received a removal order and do not know what to do now? Fear not, contact us today for assistance.
