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CBSA - Canada Removal Orders

Removal Orders From Canada – Here Is All You Need To Know!

Canada Removal Orders – If you are issued a Removal Order, you cannot stay in Canada legally and are expected to leave. This article discusses:

  • Three types of removal orders
  • The consequences of failure to depart Canada
  • Removal order appeal
  • Possible outcomes of Appeal

The Canada Border Services Agency (CBSA) or Immigration, Refugees and Citizenship Canada (IRCC) can issue one of three types of removal orders (CBSA). These are Departure orders, exclusion orders, and deportation orders.

Types of Removal Orders 

The kind of order you received is indicated by the form number on the Removal Order.

1. A Departure Order requires you to leave Canada within 30 days of the order’s effective date.

  • Additionally, you must verify your departure with the CBSA at your exit port. If you leave Canada and adhere to these rules, you can come back as long as you meet the admission requirements.
  • If you fail to leave Canada after 30 days or do not notify the CBSA of your departure, your departure order will automatically change to a deportation order. 
  • In addition, you must acquire the Authorization to Return to Canada (ARC) to revisit Canada in the future. 

2. If you received an Exclusion Order, you are prohibited return to Canada for a year. 

  • However, if you decide to return before the 12 months, you must submit an ARC application.
  • Moreover, if you receive an exclusion order for misrepresentations, you cannot return for five years to Canada. 
  • In addition, if the CBSA covered the expense of your removal from Canada, you are responsible for paying it back.

3. Lastly, if you were issued a Deportation Order, you are permanently prohibited from entering Canada and cannot return without first requesting an ARC.

To be eligible to return, you must repay the expense of your removal from Canada if the CBSA had covered the cost. Refer to the IRCC website to get more information on returning to Canada. 

Failure to depart Canada 

When a Removal Order becomes effective, you must leave Canada within the prescribed time. 

The CBSA will issue a Canada-wide warrant for your arrest if you do not attend a removal interview or appear on the removal scheduled date. Once you are arrested, the CBSA may detain you in a holding facility before removing you. 

Additionally, the CBSA may designate an escort officer to accompany you on your departure to ensure you leave Canada. Also Make sure you check out with CBSA informing them that you are complying with the order and leaving Canada.

Removal Orders Appeal

For any Removal Order appeals, the Immigration and Refugee Board of Canada (IRB) is in charge. Specifically, Immigration Appeal Division (IAD) of the IRB hear removal order appeals.

It is responsible for making reasonable decisions about immigration and refugee issues that comply with the law. The IRB determines who among the hundreds of claimants needs refugee status, among other duties.

Any individual who receives any type of removal order, usually has 30 days to appeal it at IAD. To file a removal order appeal, you need to submit:

  • A completed Notice of Appeal form.
  • A copy of the removal order you received.

Possible Outcomes Of Removal Orders Appeal

It may take up to 6 months to 2 years for IAD to review your appeal and make final decision depending on the complexity of the matter. IAD determines whether your removal order was correct in law and fact or both. Extremely complex cases may even take more than 2 years.

There are 3 possible outcomes of an appeal at IAD:

  1. If your appeal is successful: The removal order will be revoked, allowing you to stay in Canada.
  2. If your appeal is stayed: Under certain situations, you will be permitted to remain in Canada while the removal order is temporarily halted. As stated in your decision, the Immigration Appeal Division (IAD) will review your appeal at a later time.
    • The IAD reserves the right to modify or terminate the stay at any moment. In the event that the IAD lifts the stay, it will then determine whether to accept or reject your appeal.
  3. If your appeal is denied: The removal order will go into force, and CBSA has the authority to remove you from Canada. Furthermore, you can apply for judicial review in the Federal Court of Canada.
    • The application will either be denied by the Federal Court of Canada or the matter will be sent back to the IAD for re-hearing.

Source: Canada Border Services Agency