A Canadian removal order is sent to an individual when they are inadmissible to Canada. However, this individual has the right to appeal the decision. In the case of Canadian inadmissibility, there are three types of removal orders.
Canadian removal order- its three types
A departure order is the first and last “serious” kind of removal order. Under this kind of removal order, the inadmissible party must leave Canada within 30 days of the departure order going into force. Also, they have to certify their departure with CBSA at the port of exit. The fact that this removal order stipulates that if the individual departs from Canada and follows these procedures, they might return to Canada in the future. But they must meet the entrance requirements at that time. This makes it the least harsh of all three types of orders.
If the person takes more than 30 days to leave Canada or fails to properly acknowledge their departure with CBSA, a departure order becomes a deportation order. In that instance, obtaining Authorization to Return to Canada is necessary if the person plans to return to Canada.
Exclusion orders, which prevent re-entry into Canada for a year, are the second most severe removal order. However, if the order was issued due to misrepresentation, the time limit is extended to five years. If they submit an ARC application, those receiving this order may consider returning to Canada in less time. Furthermore, an essential requirement of exclusion orders is that they must reimburse that sum if the CBSA paid for the subject person’s removal.
Deportation orders, the most severe removal order, prevent the subject from ever entering Canada again. Hence, they must request an ARC. Similar to the need for exclusion orders, the deportation recipient must pay back any removal expenses that the CBSA initially covered. In this instance, payment of the cost is a requirement before being allowed to return to Canada at all.
Canadian removal orders aren’t the end of your Canadian journey
Canadian removal order recipients must understand that the order to leave the country doesn’t reflect an end to their path. Moreover, they have the alternative of appealing the decision.
However, this process might vary based on individual circumstances.
Case 1: Contesting an examination-related removal order
To appeal the judgment, a foreign national who is in possession of a permanent resident visa or who is a protected person or a permanent resident of Canada must submit their notice of appeal to the Division combined with the removal order. The Immigration Appeal Division must receive the notice of appeal and the removal order within 30 days.
Now, the Immigration Minister must promptly receive the notice of appeal and the removal order from the Appeal Division. Following this, the Minister must create an appeal record that includes the following:
- An index of the contents.
- The eviction decree.
- Any record was pertinent to the removal order or a subject of the appeal.
- A justification for the Minister’s decision to issue the removal order.
The Minister must now deliver the appeal record to the person submitting the appeal as well as the Immigration Appeal Division. The Immigration Minister is also required to submit a written declaration to the Immigration Appeal Division. It will comprise the details on how and when the appellant received the appeal record. Additionally, this procedure must complete within a period of 45 days after the Minister receives the appeal notice.
Suppose the Immigration Appeal Division does not receive the appeal within 45 days. In that case, they may ask the Minister to justify why the appeal record was not delivered on time and why it should be accepted after the deadline. Alternatively, the Appeal Division may set the hearing date and commence it without (or with only a portion of) the appeal record.
Case 2- Appealing a removal decision that was issued during an admissibility hearing
Any foreign citizen who is a protected person, a permanent resident of Canada, or both may do so in this case if they submit their notice of appeal before the completion of their hearing. You have two options for submitting the notice of appeal:
- either directly to the Immigration Appeal Division;
- or by hand to the Immigration Division member who issued the removal order.
Currently, the Immigration Division must immediately forward the supplied notification to the Immigration Appeal Division in cases under the first bullet item above.
If they directly submit the notice of appeal to the Immigration Appeal Division, it must be received along with the removal order. This shall happen within 30 days of the day the foreign national received the removal order. Similar to the previous situation, the Immigration Appeal Division must immediately deliver the notice to the Immigration Division.
Hereafter, the Immigration Appeal Division submitted the Notice of Appeal and the Removal Order to the Immigration Minister without delay. During this period, the Immigration Division must create an appeal record that includes:
- An index of the contents.
- The eviction decree.
- The admissibility hearing’s transcript.
- Any records admitted into evidence at the admissibility hearing.
- A justification for the Immigration Division’s decision to issue the removal order.
Hereafter, the Immigration Division must provide the appeal file to the applicant within 45 days of receiving it. Along with the applicant, the Division must also provide the record to the immigration minister and the Immigration Appeal Division.
Taking professional assistance
Any individual looking forward to appealing a removal order will require professional help as they might not understand all the details.
Hence, an immigration lawyer might help them in the following ways:
- Assist in preparing the appeal.
- Assure an accurate process.
- Minimize delays during each processing step of the appeal.
