REMOVAL ORDERS
If you’ve received a Removal Order, understanding its type and implications is crucial. Removal Orders can arise from various circumstances, including determinations by the Immigration Division (ID) or Immigration Appeal Division (IAD) after a hearing, issuance by a Canada Border Services Agency (CBSA) Officer, or conditional issuance following a refugee claim refusal.
Types of Removal Orders:
- Departure Order (IMM 5238)
Departure Orders carry relatively minimal consequences compared to other types. They are issued for various reasons, including loss of permanent residence status and unsuccessful appeals. Upon receiving a Departure Order, you must leave Canada within 30 days and confirm your departure with the Canadian Border Services Agency (CBSA) upon exit. If a “conditional” Departure Order is issued for a Refugee/Protected Person claimant, it becomes effective upon appeal refusal.
If you comply with the Departure Order by leaving Canada within 30 days or verifying your departure with CBSA, you won’t need an ARC (Authorization to Return to Canada) for re-entry. Simply undergo a standard examination by CBSA upon re-entry. However, failing to leave within 30 days or departing without confirming with CBSA converts the Departure Order into a deportation order. In such cases, an ARC is required for re-entry. - Exclusion Order (IMM 1214B)
Similar to a Departure Order, an Exclusion Order mandates departure but differs in barring entry for a specified period. Depending on the circumstances, the barred period can range from 1 to 5 years. Exclusion Orders result from violations such as unauthorized entry, overstaying visas, or improper visa documentation for work/study. Misrepresentation can extend the ban to 5 years with additional consequences.
When issued outside Canada, the Exclusion Order starts from the mentioned date; if inside Canada, it takes effect upon departure. Re-entry without an ARC is possible after 12 months from departure or with
a departure certificate. Otherwise, an ARC application is necessary. - Deportation Order (IMM 5238B)
Deportation Orders carry severe and permanent consequences. Issued when a Departure Order isn’t followed within 30 days or departure isn’t reported to CBSA, it results in a permanent entry ban. To re-enter, an ARC application is obligatory.
Pre-Removal Risk Assessment (PRRA):
If you fear risks upon return to your home country, you may apply for a PRRA to assess these risks before removal.
Challenging Removal Orders:
For Permanent Residents: Appeals to the Immigration Appeal Division (IAD) may be possible, contingent on the reason for the Removal Order. Some serious inadmissibility issues may eliminate this right, though challenges to the Federal Court of Canada remain an option.
For Foreign Nationals: Appeals to the IAD aren’t permitted, but challenges to the Federal Court of Canada may still be pursued regarding the decision to issue the Removal Order.
Navigating Removal Orders requires swift action and informed decisions. If you’re facing this situation, seeking professional guidance can be invaluable in exploring your options and safeguarding your rights. Contact Globe Immigration today to learn more.
