Receiving a Removal Order

Scenario Overview

This scenario explores what happens when a person receives a removal order from the Canada Border Services Agency (CBSA). This is an educational example based on realistic circumstances in Canadian immigration law.

A removal order is a formal document issued by an immigration officer determining that a person is not authorized to remain in Canada and ordering their removal. Receiving a removal order can be stressful and confusing, but Canadian law provides certain rights and procedures that must be followed.

In this scenario, we'll walk through what a removal order is, what rights are available, and what options a person might explore. As you read, consider what legal protections and processes apply in similar situations.

Understanding the Order

A removal order is a formal immigration decision. Understanding what the order says and means is the first important step:

• Type of Removal Order: There are three types under IRPA: departure orders (most lenient), exclusion orders, and deportation orders (most serious)
• Grounds for Removal: The order specifies why the person is subject to removal (e.g., security concerns, criminality, misrepresentation, medical inadmissibility)
• Legal References: The order cites sections of the IRPA and regulations establishing the statutory basis for removal
• Effective Date: The order specifies when it becomes effective, which may include an appeal period before it takes effect
• Rights and Obligations: The order explains the person's rights and obligations, including whether an appeal is available

Carefully reviewing the removal order is important because it contains critical information about rights and deadlines for appeal.

Your Rights

Canadian law provides certain rights for people who receive removal orders:

• Right to Legal Representation: A person has the right to be represented by a lawyer or RCIC throughout removal proceedings and appeals
• Right to Appeal: Most removal orders can be appealed to the Immigration Appeal Division (IAD) of the Immigration and Refugee Board, with specific deadlines (typically 30 days)
• Right to Counsel Before Appeal: A person may apply for a stay of a removal order pending appeal, which delays removal while the appeal is heard
• Right to Make Submissions: If the removal order was issued by an immigration officer, the person generally had the right to know the case against them and make submissions in response
• Charter Rights: Rights under the Canadian Charter of Rights and Freedoms apply, including the right to liberty and security (section 7) and equality rights (section 15)
• Due Process: The person has the right to procedural fairness and natural justice in immigration proceedings

These rights are important and should be understood. A person facing a removal order may wish to consult with an immigration lawyer promptly.

Available Options

In the situation of a removal order, several options may be available:

• Appeal to the Immigration Appeal Division: Most removal orders can be appealed to the IAD. The appeal must be filed within 30 days of receiving the order (or longer if an extension is granted). The IAD will review the decision and may uphold, rescind, or vary it.
• Request for Stay of Removal: While an appeal is pending, a person may apply for a stay of removal (H&C stay) to delay the removal from taking effect pending the outcome of the appeal
• Humanitarian and Compassionate Considerations (H&C) Application: A person may apply for a new work/study permit or permanent residence based on humanitarian and compassionate considerations, even after a removal order is issued
• Judicial Review: A person may apply for judicial review of a removal order in Federal Court if there are grounds (e.g., jurisdictional error, procedural unfairness)
• Pre-Removal Risk Assessment (PRRA): If the person would face persecution, torture, or risk to life if removed, a PRRA application may be available
• Voluntary Departure: A person may choose to leave Canada voluntarily, which may have benefits compared to being deported

Each option has different requirements, deadlines, and potential outcomes. The appropriateness of each option depends on the specific circumstances.

Seeking Help

When facing a removal order, seeking professional help quickly is important because of strict deadlines:

• Immigration Lawyers: Provide legal advice, represent you in appeals and court proceedings, and can assess the strength of your case
• Registered Immigration Consultants (RCICs): Licensed to provide immigration advice and assist with applications like H&C applications or PRRAs
• Legal Aid Services: Many provinces provide legal aid for eligible applicants who cannot afford private counsel. Legal aid may cover representation in IAD appeals.
• Community Organizations: Settlement organizations and immigrant-serving agencies often provide information, referrals to lawyers, and support services
• Government Services: The Canadian government provides information about immigration procedures, though they cannot provide legal advice
• Free/Low-Cost Consultations: Many immigration lawyers offer free or low-cost initial consultations

Because of tight deadlines for appeals, consulting with a professional promptly is recommended when a removal order is received.