3 Types of Removal Orders in Canada

A removal order is a government-issued order that forces a person to leave Canada within a specified time. There are several reasons why a removal order is imposed against an individual. These include an order by a Canada Border Services Agency (CBSA) official following an examination, by the Immigration Appeals Division after a hearing, or against an individual after their refugee claim is denied.

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If you are served with a removal order, you must understand the nature and the legal ramifications of the order. Removal orders are usually time-dependent, so you must explore your appeal options quickly to remain in Canada.

 

 

Types of Removal Orders

There are three kinds of removal orders: Deportation Orders, Departure Orders, and Exclusion Orders.

 

Deportation Order

If you have been issued a deportation order, you must leave Canada immediately and notify the CBSA of your departure. If the person fails to notify CBSA when leaving the country, they will facilitate your expulsion from Canada. An 'authorization to re-enter Canada' will be required in all future situations if you seek to return to Canada.

 

Departure Order

A departure order requires you to leave the country within 30 days and notify the CBSA of your departure. If the person who receives the order fails to leave Canada within the allotted 30 days, it becomes a deportation order.

 

Exclusion Order

An exclusion order requires you to leave Canada and notify the CBSA of your departure. You will also be unable to apply for a visa to enter Canada for 1-5 years.

 

 

A woman holding a Canadian flag

What It Means to Receive a Removal Order

If you receive a Removal Order, you must leave Canada immediately. If you are concerned about going back to your home country, there are several alternatives available. Before you leave Canada, you can apply for a thorough risk analysis, known as a Pre-Removal Risk Assessment.

 

Can a Removal Order Be Challenged?

Permanent Residents can appeal the issued Removal Orders through the Immigration Appeals Division. The basis for the Removal Orders is the most significant factor in deciding whether or not an appeal is possible. All permanent residents, however, do not have the right to appeal.

 

Those found ineligible due to crimes or more serious security concerns can't appeal. Permanent residents who have served a sentence in Canada for more than 6 months or have been deemed inadmissible due to serious criminality can't appeal either. They can appeal through the Federal Court. Foreign nationals may also appeal the Removal Orders through the Federal Court, but they cannot do so through the Immigration Appeals Division.

 

Hire a Lawyer

Nanda & Associate Lawyers is a boutique Immigration Law firm in Mississauga. They have a skilled legal team with years of experience and vast knowledge regarding immigration lawmatters. If you need help with removal orders, immigration appeals, refugee claims, and more, get in touch with their immigration lawyers today.

 

Disclaimer: This article is only intended for educational purposes and shouldn't be used as a substitute for legal advice.

 

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