Overview
A removal order is an official document issued by the Canadian government that directs a person to leave Canada. Removal orders are made by immigration officers, immigration enforcement officers, or visa officers based on specific grounds set out in the Immigration and Refugee Protection Act.
If you are subject to a removal order, you have the right to appeal (in most cases) and to seek other forms of relief. Understanding the types of removal orders and your options is essential if you wish to challenge the decision or remain in Canada.
Types of Removal Orders
There are three types of removal orders in Canadian immigration law:
- Departure Order: The least serious type. You are ordered to leave Canada by a specified date. If you comply, you can apply to return to Canada in the future, though previous violations may affect your ability to do so.
- Exclusion Order: A more serious order that prevents you from returning to Canada for at least one year from the date of the order. It applies to persons found inadmissible on security, human rights, or serious criminality grounds.
- Deportation Order: The most serious type. You are removed from Canada and cannot return without permission from IRCC. Deportation orders typically apply to permanent residents or people who were previously deported.
The type of removal order you receive depends on the grounds for your removal and your immigration status.
Grounds for Removal
Removal orders can be made on several grounds, including:
- Inadmissibility: You do not meet the requirements to enter or stay in Canada (e.g., you lack valid documentation, have health concerns, or pose a security risk).
- Security Concerns: You have committed a serious crime, engaged in terrorism, or pose a danger to Canadian security.
- Human Rights Violations: You have committed crimes against humanity or war crimes.
- Criminal Conviction: You have been convicted of a crime in Canada and are found to be a danger to the public.
- Failure to Comply: You have failed to comply with immigration conditions or orders.
The Removal Process
Once a removal order is issued, IRCC will attempt to enforce it. The process generally involves several steps:
- You are given notice of the removal order and the date by which you must leave Canada.
- You may request a stay of execution to prevent your removal while you pursue appeals or other remedies.
- If you do not leave by the deadline and no stay is in place, IRCC may take enforcement action.
- Enforcement may involve detention, physical removal from Canada, and being placed on a flight or vehicle.
The timeline between the issuance of an order and enforcement varies. Prompt pursuit of legal remedies is important.
Stays of Execution
A stay of execution is a court order that temporarily suspends the enforcement of a removal order, allowing you time to pursue legal appeals or other remedies. A stay does not cancel the removal order; it simply delays enforcement.
To obtain a stay, you typically must demonstrate that you have a serious issue to be tried, that you will suffer irreparable harm if the stay is not granted, and that the balance of convenience favors granting the stay. Stays are often granted when an appeal or judicial review is pending.
If you believe removal will cause irreparable harm (such as separation from family, return to persecution, or serious health consequences), this should be central to your stay application. A lawyer can help prepare a compelling stay application.
Appeals and Reviews
Depending on the circumstances of your removal order, you may have the right to appeal to the Immigration Appeal Division (IAD) of the IRB. Not all removal orders are appealable; security and serious criminality cases may not be.
If you have a right of appeal, an appeal must be filed within 30 days of the removal order. The IAD can allow your appeal, dismiss it, or order a new proceeding. If you win your appeal, the removal order may be cancelled or modified.
The appeal process allows you to present new evidence and arguments. If you have family ties to Canada, have established yourself in Canadian society, or have new information that was not available at the time of the initial decision, this can be presented at appeal.
Judicial Review
If you do not have a right of appeal, or if your appeal was unsuccessful, you may be able to seek judicial review from the Federal Court. Judicial review is a more limited remedy than appeal; it focuses on whether the decision-maker acted fairly and within their legal authority.
Judicial review can take significant time and resources. You must establish that the immigration officer made an error of law, failed to consider relevant evidence, or breached procedural fairness. Judicial review is not an opportunity to retry your case; it is an examination of the decision-making process.
Applying for judicial review must be done within 30 days of the decision. Missing this deadline will bar your application unless you can demonstrate exceptional circumstances.
Other Legal Options
Even if you have exhausted appeals and judicial review, other legal options may be available, particularly if your circumstances have changed significantly.
- Humanitarian and Compassionate (H&C) Application: You can apply to the Minister for discretionary relief based on compelling humanitarian or compassionate grounds, such as family ties or medical conditions.
- Sponsorship After Deportation: If you are a permanent resident or Canadian citizen's family member, you may be sponsored for return to Canada after removal, though timelines are typically lengthy.
- Pre-Removal Risk Assessment (PRRA): If you fear persecution in your country of origin, you can request a PRRA before removal to assess risks you would face upon return.
Legal advice from an experienced immigration lawyer is essential if you are facing removal from Canada.