Introduction to Removal Orders in Canada

Removal Orders in Canada are legal directives issued by the Canada Border Services Agency (CBSA) or the Immigration and Refugee Board (IRB) to individuals who are not lawfully entitled to remain in Canada. These orders are a crucial part of maintaining the integrity of Canada’s immigration system, ensuring that those who do not meet the country’s immigration laws are required to leave. Understanding the types of removal orders, their implications, and the process for appeal or review is essential for anyone facing removal or seeking to support someone in this situation.

Overview of Removal Orders

There are three main types of Removal Orders in Canada, each with different implications and processes for compliance and appeal:

– **Departure Order**: Requires the individual to leave Canada within 30 days after the order becomes enforceable. Failure to confirm departure with CBSA converts this into a Deportation Order.
– **Exclusion Order**: Prevents the individual from returning to Canada for one year without obtaining Authorization to Return to Canada (ARC), or permanently if issued for misrepresentation. The duration depends on the reason for the exclusion.
– **Deportation Order**: Permanently bars the individual from returning to Canada. Returning requires an ARC, regardless of any change in circumstances.

Process and Enforcement

The process leading to a Removal Order often begins with an examination or investigation by CBSA officers or through proceedings before the IRB. Individuals may be interviewed or called to a hearing to determine their eligibility to remain in Canada. If found inadmissible, a Removal Order may be issued.

Enforcement of a Removal Order typically involves notifying the individual of the order, at which point it becomes the individual’s responsibility to comply by arranging their departure from Canada. CBSA may detain individuals in certain situations to ensure compliance with the Removal Order.

Challenging a Removal Order

Individuals subject to a Removal Order have certain rights to challenge or appeal the decision, including:

– **Pre-Removal Risk Assessment (PRRA)**: Before enforcement, individuals may be eligible for a PRRA, allowing them to present reasons why they should not be removed from Canada due to risk to their life or risk of persecution.
– **Appeal Rights**: Depending on the type of Removal Order and the individual’s status in Canada, they may have the right to appeal to the Immigration Appeal Division (IAD) of the IRB. This is typically available to permanent residents and protected persons but not to foreign nationals under certain conditions, such as serious criminality.
– **Judicial Review**: In some cases, individuals may seek a judicial review of the decision by the Federal Court of Canada, especially if there are grounds to believe the decision was not made according to the law.

Consequences of Non-Compliance

Failing to comply with a Removal Order can result in legal consequences, including detention, a bar from re-entry to Canada for a specified period or permanently, and the transformation of less severe orders into a Deportation Order. It’s crucial for individuals to understand these implications and seek legal advice to navigate their options effectively.

Legal Representation and Support

Navigating the complexities of Removal Orders and the potential for appeal or review requires professional legal expertise. Immigration lawyers or certified consultants can provide valuable assistance, from understanding the grounds of the Removal Order to advising on the best course of action and representing individuals in proceedings.

Conclusion

Removal Orders are a significant aspect of Canada’s immigration enforcement, ensuring compliance with the country’s immigration laws. For those facing removal, it’s important to understand the type of order issued, the rights to appeal, and the potential consequences of non-compliance. Seeking professional legal advice is crucial in these situations to explore all available options and to ensure that one’s rights are protected throughout the process.