Last Updated On 10 April 2024, 9:42 AM EDT (Toronto Time)

A deportation order is a removal order that entails a permanent restriction on returning to Canada. Canada has specific laws against acts that are not acceptable in Canadian society.

When an immigrant (temporary or permanent residence) violates the law, the Canadian government has the authority to expel the individual permanently from Canada.

Knowing what constitutes grounds for deportation in Canada is critical for all immigrants.

The following situations can cause deportation:

1. Committing a major offence with a maximum jail sentence of ten years or more in Canada. For example, murder and kidnapping.

2. Theft exceeding $5,000 or robbery without a firearm (robbery with a firearm is a serious offence). Also, if an immigrant attempts to flee police.

3. Possession of banned weapons and ammunition

4. Assault resulting in bodily harm, with or without a firearm.

5. Using or owning a stolen or counterfeit credit card.

6. DUI (driving under the influence of drugs or alcohol) will result in deportation. Being convicted of a DUI offence is extremely serious. Since 2018, Canada has had a zero-tolerance policy for intoxicated or drugged drivers.

7. Similarly, irresponsible driving that results in serious physical harm or death to another person may be grounds for deportation. For example, driving well above the speed limit in a suburban neighbourhood and colliding with a pedestrian.

8. Another primary cause of deportation is committing what is known as an “aggravated felony.” Drug felonies: trafficking narcotics (including 3 kg or more of marijuana), manufacturing synthetic drugs, or cultivating marijuana.

9. In addition, being convicted of two or more minor crimes may result in deportation.

10. National security reasons: an act committed against the Canadian government.

11. To be caught in acts of espionage (spying), subversion (attempting to topple a government), terrorism, or to be associated with organizations that engage in these activities.

12. International or human rights breaches include war crimes, crimes against humanity (such as genocide), and serving as a senior officer in a government that commits crimes against humanity.

If a deported person seeks to enter Canada, he or she must apply for ARC (Authorization to Return to Canada) once they become admissible.

Failure to leave Canada After Deportation Order

When a Removal Order becomes effective, you must depart Canada within the specified time frame.

If you fail to attend a removal interview or are not present on the planned removal date, the CBSA will issue a Canada-wide arrest warrant.

When you are arrested, the CBSA may detain you in a holding facility before releasing you.

Additionally, the CBSA may assign an escort officer to accompany you on your departure to guarantee that you leave Canada.

Also, make sure to check out with CBSA and advise them that you are following with the order and leaving Canada.

Removal Orders Appeal

The Immigration and Refugee Board of Canada (IRB) handles any removal order appeals.

The IRB’s Immigration Appeal Division (IAD) hears appeals to removal orders.

It is in charge of making legally sound decisions on immigration and refugee matters.

The IRB, among other things, decides which of the hundreds of candidates requires refugee status.

Any individual who obtains a removal order normally has 30 days to appeal it to IAD. To file a removal order appeal, you must submit:

A completed Notice of Appeal form.
A copy of the removal order that you got.

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Kamal Deep Singh, RCIC

Kamal Deep Singh, RCIC (Regulated Canadian Immigration Consultant) licensed by CICC (formerly known as ICCRC) with member number R708618. He brings extensive knowledge of immigration law and new changes to rapidly evolving IRCC.