Judicial Review - Deportation

Know About Deportation – Permanent Ban On Entry To Canada!

Deportation Order means a permanent ban from returning to Canada. Canada has clear law for behaviours that are not accepted in Canadian society. When an immigrant (temporary resident or permanent resident) break the law, the Canadian government can remove the person permanently from Canada. Should a deported individual wishes to enter Canada, he/she should apply for ARC – Authorization to Return to Canada.

Knowing exactly what constitutes grounds for deportation in Canada is very important for every immigrant. Following Are The Situations That Can Cause Deportation
  • Committing a serious crime that has a maximum prison term of 10 year or more in Canada. e.g., Murder, kidnapping.
  • The theft of over $5,000 or robbery without a firearm (robbing with a firearm is a serious crime). Also if an immigrant tries to flee police.
  • Possession of a restricted weapon with ammunition
  • Assault causing bodily harm, with or without a firearm
  • Using or possessing a stolen or forged credit card
  • DUI – Driving under influence of drugs or alcohol will result in a deportation. Being convicted of a DUI offence is a very serious thing. After 2018, Canada has adopted a zero tolerance policy against drunk or drugged drivers. 
  • In the same vein, reckless driving that cause severe bodily harm or death to another person may be a reason for deportation. For example, driving way above the speed limit in a suburban area and hitting a pedestrian.
  • Another direct cause for deportation is committing what is called an “aggravated felony.” Drug felonies: trafficking drugs (including 3 kg or more of marijuana), the production of synthetic drugs, or the cultivation of marijuana
  • In addition to this, if you are convicted of committing 2 or more minor crimes, that may also cause for deportation as well.
  • National security reasons: An act against the government of Canada. To be caught in acts of espionage(spying), subversion (try to overthrow a government), terrorism, or any associate with organizations that do these things.
  • International or human rights violations: war crimes, crimes against humanity (such as genocide), or being a senior officer in a government that commit crimes against humanity.
What After Deportation Order?

Permanent residents and protected persons have right to appeal in front of Immigration Appeal Division. Additionally, appeal should be filed within 30 days of deportation order.

If IAD rejects the appeal? Then you can apply for judicial review within 15 days of failed appeal at IAD.

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