Removal Order Appeal
There are certain conditions that individuals receive the removal orders in Canada i.e. removal orders due to criminality, appeals of refused sponsorship applications, and residency appeals for Permanent Residents who may have failed to comply with their obligations.
Removal orders are issued to Permanent Residents who have been convicted of an offence that carries a penalty of at least 10 years, or for which they have served more than a 6 months sentence. If you’re a Permanent resident and you’ve received a removal order, you have the right to appeal the removal to the IAD, but the appeal must be filed within 30 days from the day you’re given a removal order, likely at your inadmissibility hearing.
A permanent resident or a protected person may appeal to the Immigration Appeal Division against a decision to make a removal order against them made under subsection 44(2) of the Immigration and Refugee Protection Act or made at an admissibility hearing.
A permanent resident may appeal to the Immigration Appeal Division against a decision made outside of Canada on the residency obligation under section 28 of IRPA .In the case of removal order appeals, the IAD can weigh the factors in favor of non-removal—such as establishment in Canada, presence of family or children, efforts at rehabilitation, etc.—against those for removal—such as a lengthy criminal record, lack of establishment and inability to rehabilitate. These proceedings are very adversarial in nature and require the skill set of a lawyer. You can present evidence, have witnesses testify in your support and present arguments for your non-removal, including evidence of eventual hardship in your home country.
The Minister may appeal to the Immigration Appeal Division against a decision of the Immigration Division in an admissibility hearing.
If you receive a Removal Order you cannot legally remain in Canada and must leave the country. Depending on your situation, your removal order may be effective immediately, or after a negative decision if you had made an appeal.
There are three types of Removal Orders issued by Immigration, Refugees and Citizenship Canada (IRCC) or the Canada Border Services Agency (CBSA).These are Departure Orders, Exclusion Orders and Deportation Orders. The form number on the Removal Order indicates what type of order you received.
1) With a Departure Order, you must leave Canada within 30 days after the order takes effect.
– You must also confirm your departure with the CBSA at your port of exit. If you leave Canada and follow these procedures, you may return to Canada in the future provided you meet the entry requirements at that time.
– If you leave Canada after 30 days or do not confirm your departure with the CBSA, your Departure Order will automatically become a Deportation Order. In order to return to Canada in the future, you must obtain an Authorization to Return to Canada (ARC).
2) With an Exclusion Order, you cannot return to Canada for one year.
– If you do wish to return before the 12 months have passed, you must apply for an ARC.
– If an exclusion order has been issued for misrepresentation, you cannot return to Canada for five years.
– If the CBSA paid for your removal from Canada, you must repay that cost.
3) With a Deportation Order, you are permanently barred from returning to Canada and cannot return unless you apply for an ARC.
– If the CBSA paid for your removal from Canada, you must also repay that cost before you are eligible to return.
Removal Order is unenforceable?
There are a variety of reasons that can prevent a removal order from being enforced in an expeditious manner, including:
- Appeals and legal proceedings – The individual appeals the removal order or is involved in other legal proceedings.
- Claims for protection – The individual may be eligible to make an application for a pre-removal risk assessment, and if so, removal cannot proceed until a final decision has been rendered on this application.
- Travel documents – The CBSA may have trouble obtaining passports to allow the individual to enter another country.
- Identity – The individual’s identity or citizenship cannot be confirmed.
- Failure to appear – The individual does not appear for removal at the proper time or location, and the CBSA will issue an immigration arrest warrant.
- Administrative deferral of removals (ADR) – The ADR is meant to be a temporary measure when immediate action is needed to temporarily defer removals in situations of humanitarian crisis. The ADR is not meant to address persistent and systematic human rights problems which constitute individualized risk. Once the situation in a country stabilizes the ADR is lifted and the CBSA resumes removals for individuals who are inadmissible to Canada and have a removal order in effect. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the ADR. An ADR is currently in place for certain regions in Somalia (Middle Shabelle, Afgoye, and Mogadishu), the Gaza Strip, Syria, Mali, the Central African Republic, South Sudan, Libya, Yemen, Burundi, Venezuela, and Haiti.
- Temporary suspension of removals (TSR) – The TSR program interrupts removals to a country or place when general conditions pose a risk to the entire civilian population. Examples include armed conflict within a country or place or an environmental disaster resulting in a substantial temporary disruption of living conditions. An individual who is not allowed into Canada on grounds of criminality, international or human rights violations, organized crime, or security can still be removed despite the TSR. Canada currently has a TSR in place for Afghanistan, the Democratic Republic of Congo, and Iraq. The primary difference between the TSR and the ADR are that an ADR is generally put in place within a short period of time to immediately respond to a change in country conditions.