Overview
A removal order does not necessarily mean that the Canada Border Services Agency (CBSA) can immediately remove someone from Canada. The removal process involves various applications to Immigration, Refugees and Citizenship Canada (IRCC) and the Immigration and Refugee Board (IRB).
Removal Process
The removal process involves expelling individuals who do not have the right to enter or stay in Canada. This process includes various applications and only occurs after a complex legal procedure.
Reasons for Removal
Removal orders can be issued for reasons of inadmissibility, including:
- Criminality
- Organized criminality
- Security
- Human or international rights violations
- Health
- Financial reasons
- Misrepresentation
- Non-compliance
- Inadmissible family members
Types of Removal Orders, Conditions, and Consequences
There are three types of removal orders:
- Departure Order: You must leave Canada within 30 days after the order takes effect.
- Exclusion Order: You must leave Canada immediately and cannot return for one year.
- Deportation Order: This includes departure orders that have become deportation orders. You are permanently barred from returning to Canada and can only return by applying for an Authorization to Return to Canada (ARC).
Removal Orders for Permanent Residents
If a removal order is issued against a permanent resident, that individual loses their status under section 46(1)(c) on the day the removal order takes effect. After a pardon or acquittal, there is no provision in the Immigration and Refugee Protection Act (IRPA) for regaining permanent resident status, even if the removal order becomes unenforceable. The individual remains a foreign national and may reapply for permanent residence through the standard process.
Deferral of Removal
There are several reasons a removal order may be deferred, including:
- Appeals and legal proceedings
- Filing for a pre-removal risk assessment (PRRA), if eligible
- Administrative deferral of removals (ADR)
- Temporary suspension of removals (TSR)
