The Canada Border and Services Agency (CBSA) may remove from Canada any person who has breached the Immigration and Refugee Protection Act (Canada) (the “Act”). There are three types of removal orders and each has different consequences. These include a Departure Order, an Exclusion Order, and a Deportation Order.
All three removal orders require the person concerned to confirm his or her departure fromCanada with the CBSA.
The Removal Procedure
If a removal order is issued and the individual files a claim for refugee protection, the removal order does not come into force until the claim has been decided. If the claim for refugee protection is accepted, the removal order will be cancelled. Unsuccessful claimants who had conditional departure orders issued against them must leave Canada within 30 days of the date of the final determination of the claim or the order becomes enforceable.
In all cases, the individuals and their authorized representatives are informed of the reasons for the removal and are given a copy of the removal order. Family members in Canada who are dependants of the person subject to a removal order may be included in the removal order provided they are not Canadian citizens or permanent residents 19 years of age or over.
Who Is Not Eligible For an Appeal
Individuals cannot appeal if they have been found inadmissible because they:
- are a security threat;
- have violated human or international rights;
- have received a sentence of at least two years for criminal activity;
- are or have been involved in organized crime; or
- have made a misrepresentation, except in cases where the person is the sponsor’s spouse, common-law partner or child.
Launching an Appeal
An individual who was issued a removal order may launch an appeal to the Immigration Appeal Division (IAD).
Under section 63(2) and 63(3) of the Act a person has a right to appeal a removal order at either an admissibility hearing or examination.
The IAD may allow an appeal and set aside an original decision based on the grounds of an error in law or fact, or of a breach of a principle of natural justice.
In general, the IAD takes about 10 months to decide an immigration appeal.
Although it is not required that a person be represented by a lawyer, it is highly recommended, due to the complexity of the appeal process.
Seeking the Advice of a Professional
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